The Allahabad High Court dismissed a criminal appeal filed by Babu against a conviction. The court held the appeal abated due to the appellant's death, occurring four years ago, as per the Chief Judicial Magistrate's report dated 04.03.2024. The trial court record was sent back.
The instant criminal appeal stands abated.
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Neutral Citation No. - 2024:AHC-LKO:45173
Court No. - 16
Case :- CRIMINAL APPEAL No. - 1381 of 2002
Appellant :- Babu Respondent :- State of U.P. Counsel for Appellant :- Mukul Rakesh,P.N.Bhargava Counsel for Respondent :- Govt.Advocate
Hon'ble Shamim Ahmed,J.
As per report of the Chief Judicial Magistrate, Sitapur dated 04.03.2024, the sole appellant, Babu had already been expired four years ago.
In view of the report of the Chief Judicial Magistrate, Sitapur dated 04.03.2024, the instant appeal stands abated.
Trial court record, if any, be sent back to the court concerned.
The file is consigned to record.
Order Date :- 3.7.2024 Arvind
Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a criminal appeal stands abated upon the death of the sole appellant.
Babu
State of U.P.
Shamim Ahmed
Arvind Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
