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Allahabad High Court

MONU @ MANOJversusSTATE OF U.P.

Decided

Holding

The death of the sole appellant abates the jail appeal, leading to its dismissal.

Summary

The appellant, Monu @ Manoj, filed a jail appeal before the Allahabad High Court. The appellant was represented by counsel Kalpana Singh, who also appeared as amicus curiae. During the pendency of the appeal, a report dated 21‑08‑2022, based on a fax from the Chief Judicial Magistrate, Bijnor, informed the court that the sole appellant had died. The court examined whether the death of the sole appellant affected the continuance of the appeal. It held that the death of the sole appellant results in the abatement of the proceeding. Consequently, the appeal was dismissed as abated and the record was consigned to the court. The order was pronounced on 18‑03‑2026 by Justice Vani Ranjan Agrawal.

Issues considered

  • The death of the sole appellant during pendency of a jail appeal: does it abate the appeal?

Subjects

  • jail appeal
  • abated appeal
  • death of appellant
  • High Court
  • criminal procedure

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                         JAIL APPEAL No. - 4849 of 2013

                                    Monu @ Manoj
                                                                                                .....Appellant(s)
                                                                      Versus
                                    State of U.P.
                                                                                              .....Respondent(s)

                                    Counsel for Appellant(s)                :   From Jail, Kalpana Singh
                                    Counsel for Respondent(s)               :   A.G.A.

                                    Court No. - 93
                                                HON'BLE MRS. VANI RANJAN AGRAWAL, J.

                                    1. Case is called out.

                                    2. Ms. Kalpana Singh, learned Amicus Curiae for appellant and learned
                                    A.G.A. for the State are present.

                                    3. As per the office report dated 21.08.2022 a report of CJM, Bijnor through
                                    Fax dated 05.09.2022 has been received stating therein that the sole
                                    appellant has died.

                                    4. In view of the above, the appeal is dismissed as abated and consigned to
                                    record.
                                    March 18, 2026
                                    P. Pandey
                                                                               (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
PUSHPENDRA PANDEY
High Court of Judicature at Allahabad


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