Allahabad High Court
SATYAPALversusSTATE OF U.P.
- Decided
- Bench
- RAJ BEER SINGH
Holding
The appeal is abated and dismissed due to the appellant's death without a representative application.
Summary
The appellant Satyapal filed a criminal appeal (Defective No. 146 of 2010) before the Allahabad High Court. While the case was listed, the appellant died, as confirmed by a letter from the Chief Judicial Magistrate dated 16-10-2025. No legal heirs filed any application to continue the appeal on his behalf. The court examined whether the appeal could proceed in the absence of the appellant and without a representative application. It held that the appeal could not continue and was therefore abated. Consequently, the appeal was dismissed.
Issues considered
- Can a criminal appeal proceed after the death of the appellant when no application is filed by the legal heirs?
Subjects
- appeal abatement
- death of appellant
- criminal procedure
- representative litigation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL DEFECTIVE No. - 146 of 2010
Satyapal
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Sudhakar Yadav
Counsel for Respondent(s) : Govt. Advocate
Court No. - 91
HON'BLE RAJ BEER SINGH, J.
1. None for the appellant despite taking the case in revised list.
2. As per letter dated 16.10.2025 sent by the Chief Judicial Magistrate,
Shahjahanpur, the sole appellant Satyapal has passed away.
3. No application has been moved by the legal heirs of the deceased to
pursue this appeal.
4. The appeal is dismissed as abated.
(Raj Beer Singh,J.)
March 19, 2026
Gss
Digitally signed by :-
GIRAJA SHANKER SHARMA
High Court of Judicature at Allahabad
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