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Patna High Court

DINANATH SHARMAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated due to the death of the appellant.

Summary

The appellant, Dinanath Sharma, filed Criminal Appeal (SJ) No.675 of 2004 before the Patna High Court challenging a decision of the State of Bihar. While the appeal was pending, the Superintendent of Police, Siwan reported that the appellant had died. The court examined the office note dated 19.12.2025 and a letter dated 18.12.2025 confirming the death. On the basis of this factual development, the court held that the appeal could no longer be pursued. Consequently, the appeal was declared abated and the proceedings terminated.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant

Subjects

  • appeal abatement
  • death of appellant
  • criminal procedure
  • high court

Judgment

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (SJ) No.675 of 2004
                  ======================================================
                  DINANATH SHARMA

                                                                    ... ... Appellant/s
                                                Versus
                  STATE OF BIHAR

                                                                ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s   :      Mr. Ramesh Kumar Verma, Adv.
                  For the Respondent/s  :      Mrs. Anita Kumari Singh, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                          ORAL ORDER

8    09-01-2025                 Perused the office note dated 19.12.2025 as well

                   as the report contained in letter No. 812 dated 18.12.2025

                   received from the Superintendent of Police, Siwan which

                   reveals that the sole appellant, namely, Dinanath Sharma has

                   since been deceased.

                                2. In view of aforesaid fact as mentioned in the

                   report, this appeal stands abated.




                                        (Praveen Kumar, J)
brajesh/-

U       T


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