The High Court dismissed a criminal appeal as abated. The court held that the appeal stood abated with respect to appellant no. 2, Kunwar Pal Singh, who died in 2017, and also abated for appellant no. 1 as per a prior order dated 02.08.2022.
Criminal appeal dismissed as abated for both appellants.
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Court No. - 83
Case :- CRIMINAL APPEAL No. - 353 of 1983
Appellant :- Budh Pal Singh Respondent :- State of U.P. Counsel for Appellant :- P.N.Mishra Counsel for Respondent :- Govt. Advocate
Hon'ble Sanjay Kumar Pachori,J.
Shri Ramesh Kumar Singh, learned A.G.A. for the State is present.
Vide order dated 02.08.2022, the present criminal appeal abated for appellant no. 1.
As per office report dated 17.08.2022, appellant no. 2 Kunwar Pal Singh had died on 12.8.2017. A detail report has been submitted by Chief Judicial Magistrate, Shahjahanpur, which is on record.
In view of the above facts and circumstances, present appeal stand abated for appellant no. 2 Kunwar Pal Singh.
The present criminal appeal is liable to be dismissed as abated.
The present criminal appeal is dismissed as abated.
Order Date :- 14.9.2023 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal appeal survives given the death of one appellant.
Whether the present appeal stands abated due to the death of appellant no. 2.
Budh Pal Singh
State of U.P.
Kunwar Pal Singh
Sanjay Kumar Pachori
Ishan Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
