Ram Bahal v. State of U.P.
Case brief
What is this about?
The Court accepted a report that the appellant, Ram Bahal, died 16 years ago. Finding no legal heirs to proceed, the criminal appeal was held to have abated and was dismissed.
What did the court decide?
The criminal appeal is dismissed as having abated due to the death of the appellant with no legal heirs proceeding.
What the court decided
Court No. - 87
Case :- CRIMINAL APPEAL No. - 755 of 1995
Appellant :- Ram Bahal Respondent :- State of U.P. Counsel for Appellant :- U.K. Saxena Counsel for Respondent :- .../Govt. Advocate
Hon'ble Mrs. Sadhna Rani (Thakur),J.
None appears for the appellant.
From the report dated 16.12.2019 of the incharge C.J.M., Sant Kabir Nagar this fact is brought on record that the appellant - Ram bahal s/o Sri Jhakari has died. In support of his report he has filed the report of concerned S.I., Gram Pradhan, statement of Om Prakash, S.I. police station Khalilabad, statement of Mukesh Pal Singh s/o Surendra Pal Singh and the statement of Sushila Devi w/o late Ram Bahal i.e. wife of present appellant. All of them have asserted that the appellant Ram Bahal s/o Jhakari has died 16 years ago.
Thus, the report of C.J.M. being in compliance of Circular No. 15/2005, VIII-110 April 19, 2005 and 04/Admin G-II dated Allahabad 18.01.2017 is hereby accepted.
As the son or legal heirs of the deceased have not come forward to proceed with the appeal, hence, the appeal stands abated.
The appeal is dismissed as abated. Order Date :- 7.12.2021 gp
Issues for consideration
1 issue framed by the court
Whether the criminal appeal in the absence of the appellant (who has died) stands abated.
Parties & counsel
- appellant
Ram Bahal
- respondent
State of U.P.
Coram
Sadhna Rani (Thakur)
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- CRLA/755/1995
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