Patna High Court
Surendra RaiversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal stands abated due to the death of the appellant.
Summary
The appellant, Surendra Rai, filed a criminal appeal (SJ) No.168 of 2016 before the Patna High Court. During the COVID-19 pandemic, the appellant passed away. The appellant's counsel argued that the death of the sole appellant should abate the appeal. The Court considered whether the death of a party in a criminal appeal results in abatement of the proceedings. The Court held that the appeal stands abated due to the appellant's death. Consequently, the Court consigned the record and closed the matter.
Issues considered
- Does the death of the sole appellant during pendency of a criminal appeal abate the appeal?
Subjects
- appeal
- abated
- death of appellant
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.168 of 2016
Arising Out of PS. Case No.-69 Year-1988 Thana- BAKHTIYARPUR District- Patna
======================================================
Surendra Rai Son of Late Ramjee Rai, Resident of Village - Abu
Mohamadpur, P.S. - Bakhtiarpur, District - Patna.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Pankaj Kumar, Advocate
For the State : Mr. Mukeshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 30-04-2026 Heard learned counsel for the appellant and learned
A.P.P. for the State.
2. At the outset, learned counsel for the appellant
submits that during Corona period, the sole appellant, namely
Surendra Rai, has died.
3. Accordingly, this appeal stands abated.
4. The record is consigned.
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…