Allahabad High Court
MUNNA LALversusSTATE OF U.P.
- Decided
- Bench
- ABDUL SHAHID
Holding
A criminal appeal is abated and must be dismissed upon the death of the sole appellant.
Summary
The appellant Munna Lal filed Criminal Appeal No. 950 of 1988 before the Allahabad High Court against the State of Uttar Pradesh. During the pendency of the appeal, the counsel for the appellant, G.P. Dixit, died, and subsequently the appellant himself also passed away. The court was required to consider whether the appeal could continue in the absence of the appellant. Under established procedural law, the death of a sole appellant results in the abatement of the criminal proceeding unless a legal representative is appointed. Consequently, the bench held that the appeal could not proceed and dismissed it as abated. The order was pronounced by Justice Abdul Shahid on 23 September 2026.
Issues considered
- Whether the death of the sole appellant bars the continuation of a criminal appeal
- Whether the appeal stands abated in the absence of a substitute party
Subjects
- abated appeal
- death of appellant
- criminal procedure
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 950 of 1988
Munna Lal
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : G.P.Dixit
Counsel for Respondent(s) : A.G.A.
Court No. - 90
HON'BLE ABDUL SHAHID, J.
1. Sri Purshottam Dixit has informed to this Court that learned counsel for
the appellant Sri G.P. Dixit is no more and he has expired.
2. As per office report, unfortunately the sole appellant has also expired.
3. In view thereof, the present criminal appeal is dismissed as abated.
(Abdul Shahid,J.)
September 23, 2026
K.K. Maurya
Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad
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