Government Appeal No. 1967 of 2004 dismissed as abated after report from CJM Barabanki confirmed death of both respondents during pendency.
The appeal is dismissed as abated because both respondents died during the pendency of the appeal. ¶¶7
Neutral Citation No. - 2025:AHC-LKO:21558-DB
Court No. - 9
Case :- GOVERNMENT APPEAL No. - 1967 of 2004 Appellant :- State of U.P. Respondent :- Shiv Lakhan Singh And Another Counsel for Appellant :- W.U.Ahmad
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
1. In compliance of the earlier orders passed by this Court, the Chief Judicial Magistrate Barabanki has sent a report dated 29.03.2025.
2. We have gone through the said report sent by the C.J.M. Barabanki wherein it has been stated that the respondents- Shiv Lakhan S/o Shiv Mohan Singh and Vimla Singh w/o Shiv Lakhan Singh, had died during the pendency of the Appeal. The statements of the Sub Inspector of the Police Station concerned, Kuldeep Singh S/o Suresh Singh and one Bewa Rangam Singh, W/o Late Suresh Kumar Singh, have been enclosed to the said report.
3. Since both the respondents- Shiv Lakhan S/o Shiv Mohan Singh and Vimla Singh w/o Shiv Lakhan Singh, have died during the pendency of the Appeal, the instant Appeal is liable to be dismissed as abated.
4. Accordingly, the Appeal is dismissed as having been abated.
Order Date :- 17.4.2025 Rahul
Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the appeal abates upon the death of both respondents during pendency.¶¶7
How this case reached the court
Earlier orders passed by this Court directing the Chief Judicial Magistrate Barabanki to send a report.¶¶5
Report from CJM Barabanki dated 29.03.2025 stating that both respondents died during pendency of the appeal, with statements of Sub Inspector Kuldeep Singh and Bewa Rangam Singh enclosed.¶¶6
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
