Patna High Court
RAM PUKAR YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated upon the death of the appellant.
Summary
Ram Pukar Yadav filed a criminal appeal against his conviction. While the appeal was pending, the court ordered a living status report, and the Deputy Superintendent of Police submitted an affidavit stating that the appellant had died on 16 January 2025. The central issue was whether the appeal could continue after the appellant's death. The court held that the death of the appellant extinguishes the right to prosecute the appeal, resulting in abatement of the proceedings. Consequently, the appeal was abated and the matter was consigned to the record.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant during its pendency
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- living status report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.115 of 2001
======================================================
RAM PUKAR YADAV
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
52. 22-01-2026 Pursuant to order dated 26.11.2025 a living status
report of the accused appellant was called for. In response there
to, Dy. SP (HQ-1), Aurangabad has filed an affidavit dated
16.01.2025, wherein, it has been stated that appellant namely,
Ram Pukar Yadav has died during the pendency of this Cr.
Appeal.
2. In view of the above, the instant Criminal Appeal
filed by appellant stands abated.
3. Consigned to record.
(Nani Tagia, J)
( Sunil Dutta Mishra, J)
Siddharth
Sagar/-
U T
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