Patna High Court
SARDAR MAHENDRA SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
- Bench
- SONI SHRIVASTAVA
Holding
The appeal is abated due to the death of the correctly identified appellant, Mahendra Singh.
Summary
The Patna High Court clarified that the appellant in Criminal Appeal (SJ) No.117 of 2003 is Mahendra Singh, son of the late Tara Singh, not Sardar Mahendra Singh, son of Sardar Manna Singh. The appellant’s death was established by a Superintendent of Police report dated 31‑11‑2017, which recorded his death on 16‑12‑2015, supported by his death certificate. The court found no reason to dispute this evidence. Consequently, the appeal could not proceed and was deemed abated. The judgment therefore terminated the proceedings against the deceased appellant.
Issues considered
- Whether the appellant named in the appeal is correctly identified.
- Whether the death of the appellant extinguishes the pending criminal appeal.
Subjects
- criminal appeal
- appellant death
- abated appeal
- identity clarification
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.117 of 2003
======================================================
Sardar Mahendra Singh son of late Tara Singh, resident of mohalla-Bari
Bazar, Shive Nandan Palace, P.S. Kotwali, District-Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anirudh Kumar Singh, Adv.
For the State : Mr. Anita Kumari Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 02-02-2026 At the outset, this Court finds that the name of
Mahendra Singh son of late Tara Singh has been wrongly
written in the memo of appeal as Sardar Mahendra Singh son of
late Tara Singh whereas the fact is that Sardar Mahendra Singh
is son of Sardar Manna Singh and he is not the appellant in the
present appeal bearing Cr. APP (SJ) No. 117 of 2003.
2. Therefore, it stands clarified that in the present
appeal the name of the appellant is Mahendra Singh son of late
Tara Singh.
3. It has been submitted on behalf of the appellant that
the appellant has died and a report to such effect is available in
connected criminal appeal bearing Cr. APP (SJ) No. 249 of 2006
which had been tagged along with the present appeal. The report
of the Superintendent of Police, Munger dated 31.11.2017
confirms the factum of the death of the appellant and the death
Patna High Court CR. APP (SJ) No.117 of 2003(4) dt.02-02-2026
2/2
certificate of Mahendra Singh dated 28.12.2015 has been
enclosed with the report of the S.P., Munger wherein the date of
death of the appellant Mahendra Singh has been recorded to be
16.12.2015.
4. There is no reason to differ with the report which is
available on record, as such, the present appeal of the appellant
Mahendra Singh son of Tara Singh stands abated.
(Soni Shrivastava, J)
devendra/-
U T
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