Dismissed¶20

Santosh Pandey v. State of Chhattisgarh

Abatement of criminal appeal – Death of appellant during pendency

Chhattisgarh HC12 Jan 2026CRA/137/2019

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What is this about?

Santosh Pandey v. State of Chhattisgarh, CRA No. 137 of 2019, High Court of Chhattisgarh at Bilaspur, decided 13.01.2026 — abatement of criminal appeal on death of appellant; Section 394(2); no application by near relatives/legal representatives for leave to continue the appeal; appeal dismissed as abated; conflicting dates of death on record (15.10.2025 per death certificate produced by counsel; 20.10.2018 per PUD/letter of the Additional District and Sessions Judge).

What did the court decide?

Since no application was filed by the legal representatives of the deceased appellant before this Court under Section 394(2), the appeal finally abated on expiry of the prescribed period. ¶19

Santosh Pandey Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

2026:CGHC:2053

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRA No. 137 of 2019

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Santosh Pandey S/o Shri Jagdish Prasad Pandey Aged About 50 Years R/o Village Amarpur, Police Station- Pendra, District - Bilaspur , Chhattisgarh, Digitally District : Bilaspur, Chhattisgarhsigned by ARPAN ARPAN SRIVASTAVA SRIVASTAVA Date: ... Appellant 2026.01.16 12:16:42 +0530

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versus

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State Of Chhattisgarh Through Station House Officer , Police Station - Pendra, District - Bilaspur ,chhattisgrh, District : Bilaspur, Chhattisgarh

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... Respondent

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For Appellant : Mr. Amit Singh, Advocate For State/Respondent : Mr. Shailendra Sharma, P.L.

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Hon’ble Shri Arvind Kumar Verma, Judge

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Order on Board

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13.01.2026

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1. Learned counsel for the appellant has produced the death certificate of the accused/appellant before this Court, indicating that he has died on 15.10.2025. The death certificate has been taken on record.

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2. Vide the said PUD/letter, learned Additional Distric and Sessions Judge has informed this High Court that accused/appellant herein

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has died on 20.10.2018. The death certificate is annexed with the said PUD.

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3. Section 394(2) provides that every other appeal under this chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant. Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.

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4. In the instant case, there is no application filed by the legal representatives of the deceased appellant before this Court under Section 394 (2) of the CPC. Therefore, after expiry of the said prescribed period, the instant appeal is finally abated on behalf of the appellant.

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5. Accordingly, the present criminal appeal stands dismissed as having abated.

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Sd/( Arvind Kumar Verma ) Judge

Santosh Pandey v. State of Chhattisgarh

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Santosh Pandey v. State of Chhattisgarh

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