A single-judge division of the Allahabad High Court held that a criminal appeal stands abated and must be dismissed as the sole appellant died during the pendency of the appeal, relying on the Chief Judicial Magistrate's report and a death certificate.
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Neutral Citation No. - 2025:AHC-LKO:31271-DB
Court No. - 9
Case :- CRIMINAL APPEAL No. - 3187 of 2010
Appellant :- Shyam Bahadur Singh Respondent :- State of U.P. Counsel for Appellant :- Virendra Kr. Shukla,Ajay Veer Singh,Dinesh Upadhay,Dipika Singh,Indu Prakash Singh,Prashant Singh Atal,Rahul Mishra,S C Shukla,S.K. Dixit Counsel for Respondent :- Govt. Advocate
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
We have gone through the report of Chief Judicial Magistrate, Sultanpur dated 17.05.2025, wherein it has been stated that the appellant-Shyam Bahadur Singh S/o Jagdish Singh has died during pendency of the appeal. The copy of death certificate and also the statement of the village Pradhan is enclosed alongwith the said report.
Since the sole appellant-Shyam Bahadur Singh has died, the appeal stands abated and the same is dismissed as abated.
[Shree Prakash Singh,J.] [Sangeeta Chandra,J.]
Order Date :- 26.5.2025 kkv/
Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Shyam Bahadur Singh
State of U.P.
Sangeeta Chandra
Shree Prakash Singh
As recorded by the court registry
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