Patna High Court
RABINDRA CHOUDHARYversusSTATE OF BIHAR
- Decided
- Disposal
- CONSIGNED
- Bench
- PURNENDU SINGH
Holding
The death of a sole appellant during pendency makes the criminal appeal infructuous, leading to its dismissal.
Summary
The appellant, Rabindra Choudhary, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the sole appellant died on 17 January 2025. Counsel for the appellant informed the court of the death, raising the question of the appeal's continuance. The court held that the death of the sole appellant renders the appeal infructuous, as there is no longer a party to pursue the relief. Consequently, the appeal was consigned to the records, effectively dismissing it.
Issues considered
- Does the death of a sole appellant during the pendency of a criminal appeal render the appeal infructuous?
Subjects
- criminal appeal
- death of appellant
- infructuous appeal
- procedural law
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.780 of 2010
======================================================
Rabindra Choudhary, son of Late Brij Kishore Choudhary, Resident of
village- Makrampur, P.S.- Bahera, District- Darbhanga
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Girish Chandra Jha, Advocate
For the Respondent/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 15-04-2026 Learned counsel appearing on behalf of the appellant
informs that the present appeal has become infructuous as the
sole appellant has died on 17.01.2025, during the pendency of
the present appeal.
2. Accordingly, the present appeal is consigned to
records.
(Purnendu Singh, J)
Niraj/-
U
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