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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