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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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