Patna High Court
GUPTA NATH PANDEY and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
- Bench
- NANI TAGIAANSUL
Holding
A criminal appeal stands abated when the appellant(s) die during its pendency.
Summary
The appellants, four sons of the late Raj Raj Pandey, filed a criminal appeal before the Patna High Court. While the appeal was pending, the Superintendent of Police submitted a report stating that all the appellants had died. The court examined the report and, applying the principle that a criminal appeal abates upon the death of the appellant, held that the appeal could no longer proceed. Consequently, the appeal was declared abated with respect to all the appellants. The matter was then consigned to the record.
Issues considered
- What is the effect on a pending criminal appeal when all appellants die before the appeal is decided?
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.446 of 1996
======================================================
1. GUPTA NATH PANDEY
2. Bhola Pandey @ Bhola Nath Pandey
3. Dhaneshwar Pandey
4. Barmeshwar Pandey, all sons of Late Raj Raj Pandey, residents of village
-Lahthan, P.S. Agiaon Bazar, District Bhojur (Arrah)
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Binod Kumar Singh, Advocate
For the State : Mr. Sujit Narayan Singh, Addl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
5 09-02-2026 Heard learned counsel for the parties.
2. Pursuant to order dated 17.11.2025, a living status
report of the appellants was called for. In respondent thereto, the
Superintendent of Police, Bhojpur, Ara submitted report dated
11.01.2026, wherein it has been stated that the appellants,
namely, Gupta Nath Pandey, Bhola Pandey, Dhaneshwar Pandey
and Barmeshwar Pandey have died during the pendency of the
criminal appeal.
3. In view of the above, the present Criminal Appeal
Patna High Court CR. APP (DB) No.446 of 1996(5) dt.09-02-2026
2/2
stands abated insofar as all the appellants are concerned.
4. Consigned to record.
(Nani Tagia, J)
( Ansul, J)
Narendra/-
U T
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