Dismissed¶12

Devi Prasad v. State of U.P.

Criminal Appeal – Abatement – Death of appellants

Allahabad HC16 Mar 2026CRLA/1990/1988

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What is this about?

Allahabad High Court (Siddhartha Varma, J. and Prashant Mishra-I, J., March 17, 2026) in Criminal Appeal No. 1990 of 1988, Devi Prasad v. State of U.P., dismissed the appeal as abated in toto: the appeal qua Appellant No. 2 Bhoja had already abated on 25.07.2018, and Appellant No. 1 Devi Prasad was reported dead in an office report dated 16.03.2026 with no near relative seeking continuation; trial court record ordered returned forthwith. Keywords: abatement, death of appellant, dismissal as abated, return of trial court record.

What did the court decide?

Appeal dismissed as abated in toto; trial court record to be returned to the concerned trial court forthwith. ¶12

Devi Prasad Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1990 of 1988

Devi Prasad

.....Appellant(s)

Versus

State of U.P.

	.....Respondent(s)
Counsel for Appellant(s)	: , I M Khan, Indra Pal Singh Rajpoot, Manish Chand Umrao, Sushil Kumar Chaturvedi
Counsel for Respondent(s)	: , AGA

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Court No. - 42

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HON'BLE SIDDHARTHA VARMA, J. HON'BLE PRASHANT MISHRA-I, J.

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We find that viz-a-viz, Appellant No. 2, Bhoja, appeal had already been abated on 25.07.2018.

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There is an office report dated 16.03.2026 which states that Appellant No. 1, Devi Prasad had already died.We also find that no application has been filed by any near relative of Appellant No. 1, Devi Prasad for continuing this appeal, therefore appeal with regard to appellant no. 1, Devi Prasad is also dismissed as abated.

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The appeal, therefore is abated in toto .

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Trial court record be returned to the concerned trial court forthwith.

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March 17, 2026 A. Mandhani

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(Prashant Mishra-I,J.) (Siddhartha Varma,J.)

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Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad

Devi Prasad v. State of U.P.

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Devi Prasad v. State of U.P.

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