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Patna High Court

PHAGO MEHTAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated due to the death of the sole appellant.

Summary

Phago Mehta filed a criminal appeal (DB) No.01 of 1997 before the Patna High Court challenging a decision of the State of Bihar. The appellant died before the appeal could be decided. An affidavit filed by the Deputy Superintendent of Police, Madhepura, on behalf of the Superintendent of Police, confirmed the death of the appellant. The Court, after considering the affidavit, held that the death of the sole appellant renders the appeal abated. Consequently, the appeal was discontinued without any further hearing.

Issues considered

  • Whether a criminal appeal can proceed after the death of the sole appellant?

Subjects

  • appeal abatement
  • death of appellant
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.01 of 1997
                  ======================================================
                  Phago Mehta

                                                                              ... ... Appellant/s
                                                      Versus
                  State of Bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :       Mr. Radheshyam Prasad, Advocate
                  For the Respondent/s    :       Mr. Abhimanyu Sharma, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                                             and
                          HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

                          (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

5    22-01-2026                     Pursuant to order dated 14.11.2025, an affidavit by

                    the Dy. Superintendent of Police, Madhepura on behalf of the

                    Superintendent of Police, Madhepura has been filed stating that

                    the sole appellant, namely, Phago Mehta has died.

                                   2. In view of the above, the present appeal stands

                    abated.



                                                 (Nani Tagia, J)


                                              (Sunil Dutta Mishra, J)
utkarsh/-

U


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