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Patna High Court

DHARAM PRAKASH PURSHOTTAM @ LADDUversusSTATE

Decided
Disposal
ABATED

Holding

A criminal appeal is abated upon the death of the appellant during its pendency.

Summary

The Patna High Court considered three criminal appeals (Cr. App. (DB) Nos. 132, 143 and 181 of 1995) filed by Dharam Prakash Purshottam, Praveen Kumar and Kailash Kumar respectively. During the pendency of the appeals, the sole appellant in the first case died, as confirmed by an affidavit from the Station House Officer. The Court held that the death of an appellant extinguishes the right to prosecute the appeal, causing the appeal to stand abated. Consequently, the appeals were listed for further procedural steps but effectively terminated. No substantive merits of the underlying criminal matters were examined.

Issues considered

  • Whether a criminal appeal continues when the appellant dies during its pendency

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • procedural law
  • high court

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
            CRIMINAL APPEAL (DB) No.132 of 1995
======================================================
DHARAM PRAKASH PURSHOTTAM @ LADDU

                                                                   ... ... Appellant/s
                                       Versus
STATE

                                          ... ... Respondent/s
======================================================
                                        with
                 CRIMINAL APPEAL (DB) No. 143 of 1995
        Arising Out of PS. Case No.-227 Year-1993 Thana- FATUA District- Patna
======================================================
Praveen Kumar Son of Shailendra Singh Resident of Village- Abdullah, P.S.-
Gorichak, Dist.- Patna.

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

                                          ... ... Respondent/s
======================================================
                                        with
           CRIMINAL APPEAL (DB) No. 181 of 1995
======================================================
KAILASH KUMAR

                                                                   ... ... Appellant/s
                                       Versus
STATE OF BIHAR

                                          ... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 132 of 1995)
For the Appellant/s  :    Mr. D.K.Singh, Advocate
For the Respondent/s :    Ms. Shashi Bala Verma, APP
(In CRIMINAL APPEAL (DB) No. 143 of 1995)
For the Appellant/s  :    Mr. Subhash Kr. Singh, Advocate
For the Respondent/s :    Mr. Sujit Kumar Singh, APP
(In CRIMINAL APPEAL (DB) No. 181 of 1995)
For the Appellant/s  :    Mr. Bimal Kumar, Advocate
For the Respondent/s :    Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
        and
        HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                      ORAL ORDER
            Patna High Court CR. APP (DB) No.132 of 1995(17) dt.27-01-2026
                                                        2/2




                   (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

17   27-01-2026                    Reg: Cr. Appeal (DB) No. 132 of 1995
                                      Heard learned counsel for the parties.
                                   2. Pursuant to order dated 03.12.2025 a living status
                      report of the sole appellant was called for. In response thereto,
                      Station House Officer, Fatua Police Station, Patna has filed an
                      affidavit dated 20.01.2026 stating that the sole appellant,
                      namely, Dharam Prakash Purshottam @ Laddu has died during
                      the pendency of this Criminal appeal.
                                   3. In view of the above, the instant Criminal Appeal
                      filed by the appellant stands abated.
                                   4. Consigned to record.

                                   Reg: Cr. Appeal (DB) No. 143 of 1995 & Cr.

                      Appeal (DB) No. 181 of 1995

                                   5. On the prayer of learned Additional Public

                      Prosecutor for the State, list these appeals on 24.02.2026.



                                                    (Nani Tagia, J)


                                              ( Sunil Dutta Mishra, J)
nishant/-

U       T


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