Patna High Court
KEDAR DIXITversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the death of the sole appellant.
Summary
The appellant, Kedar Dixit, filed a criminal appeal (DB) No.348 of 1997 before the Patna High Court against the State of Bihar. The Senior Superintendent of Police, Saran, submitted a report on 22‑01‑2026 stating that the sole appellant had died. The court considered the effect of the appellant’s death on the pending appeal. Since the appellant was the only party to the appeal, the court held that the appeal could not continue. Consequently, the appeal was abated.
Issues considered
- Whether a criminal appeal can proceed when the sole appellant has died?
Subjects
- appeal abatement
- death of appellant
- criminal appeal
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.348 of 1997
======================================================
Kedar Dixit
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vinay Kirti Singh, Advocate
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)
5 22-01-2026 Report dated 07.01.2026 has been received from
the Senior Superintendent of Police, Saran at Chapra regarding
the living status of the appellant, wherein it has been stated that
the sole appellant, namely, Kedar Dixit has died.
2. In view of the above, the present apppeal stands
abated.
(Nani Tagia, J)
(Sunil Dutta Mishra, J)
utkarsh/-
U
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