Samma v. State of U.P.
Case brief
What is this about?
This court held that a criminal appeal filed by Samma loses its efficacy as the sole appellant died on 29.03.2008, confirmed by the Chief Judicial Magistrate and police reports.
What did the court decide?
Criminal appeal dismissed as abated in view of the death of the sole appellant.
What the court decided
Court No. - 87
Case :- CRIMINAL APPEAL No. - 1517 of 1990
Appellant :- Samma Respondent :- State of U.P. Counsel for Appellant :- Y.K. Shukla Counsel for Respondent :- A.G.A.
Hon'ble Shekhar Kumar Yadav,J.
The report of the Chief Judicial Magistrate, Muzaffar Nagar dated 24.01.2022 is on record indicating that the sole appellant - Samma has died on 29.03.2008. The enquiry was conducted as per circulars of this Court and in view of the report confirming the death of the sole appellant, the appeal has lost its efficacy. The aforesaid report is supported by the report of Police Station Kotwali Nagar and other documents.
In view of the death of sole appellant, the criminal appeal stands abated.
Accordingly the criminal appeal stands dismissed as abated.
Lower court record, if received in the office, be transmitted along with the copy of this order to the Court below for necessary compliance.
Order Date :- 9.5.2022 RavindraKSingh
Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.05.09 16:37:48 IST Reason: Location: High Court of Judicature at Allahabad
Issues for consideration
1 issue framed by the court
Whether a criminal appeal stands maintainable when the sole appellant is deceased.
Parties & counsel
- appellant
Samma
- respondent
State of U.P.
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- CRLA/1517/1990
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