Patna High Court
LAL BABU SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated due to the death of the appellant.
Summary
The appellant, Lal Babu Singh, filed Criminal Appeal No.538 of 2004 against the State of Bihar. During the pendency of the appeal, the court ordered a living status report of the appellant. The Superintendent of Police submitted a report dated 15-12-2025 stating that the appellant had died approximately six years earlier. The court examined the report and concluded that the appellant's death terminated his legal capacity to pursue the appeal. Consequently, the court held that the appeal stands abated and recorded the matter accordingly.
Issues considered
- Whether a criminal appeal is extinguished when the appellant dies during its pendency
Subjects
- criminal appeal
- abatement
- death of appellant
- pendency
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.538 of 2004
======================================================
LAL BABU SINGH
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Binod Kr. Mishra, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
4 27-01-2026 Heard learned counsel for the parties.
2. Pursuant to order dated 27.11.2025 a living status
report of the accused appellant was called for. In response there
to, Superintendent of Police, East Champaran submitted report
dated 15.12.2025, wherein, it has been stated that appellant
namely, Lal Babu Singh has died around six years ago during
the pendency of this Cr. Appeal.
3. In view of the above, the instant Criminal Appeal
filed by appellant stands abated.
4. Consigned to record.
(Nani Tagia, J)
( Sunil Dutta Mishra, J)
Siddharth
Sagar/-
U T
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