The High Court of Jharkhand disposed of the criminal appeal as abated because the appellant had died prior to the hearing, and no application was filed to pursue the appeal despite the death being evident from police reports and the death certificate.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 291 of 2003
Lachhu Mahto … ... Appellant Versus The State of Jharkhand … … Respondent
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR
-------For the Appellants : None For the Respondents : A.P.P.
Order No. 10: Dated: 18th October, 2021
Nobody has appeared on behalf of the appellant.
It appears from the report of Mahuda P.S., Distt. Dhanbad which is at Flag – A, that Lacchu Mahto the appellant in Cr.Appeal (SJ) No. 291 of 2003 has died 10 years earlier. Officer I/C. Mahuda P.S. has also furnished the death certificate of Lacchu Mahto from which it appears that he expired on 03.03.2015.
Nobody has filed any application for taking leave to pursue this appeal, therefore, this appeal gets abated.
Accordingly, the present appeal get disposed of as abated.
(Navneet Kumar, J.)
MM
1 issue framed by the court
Whether a criminal appeal filed by an appellant who has died without applying for leave to pursue it can be continued or if it abates.
Lachhu Mahto
The State of Jharkhand
Navneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
