The High Court held that the criminal appeal abated as the sole appellant died during pendency, and no near relative applied for leave to continue within the prescribed period.
The appeal is held abated and disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.615 of 2015
Arising Out of PS. Case No.-51 Year-2014 Thana- MAHILA PS District- Gopalganj
======================================================
Fulena Yadav, son of Late Ram Prabhav Yadav, resident of Village- Belarrua, P.S.- Vijayipur, Dist.- Gopalganj.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Nityanand, Adv. For the State : Mr. Binod Bihari Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
11 01-05-2023 Heard Mr. Nityanand for the appellant and Mr.
Binod Bihari Singh for the State.
The sole appellant, who had been convicted for
the offences under Section 376(1) I.P.C. and Section 6 of the POCSO Act, 2012 is reported to have died during
the pendency of this appeal.
Patna High Court CR. APP (DB) No.615 of 2015(11) dt.01-05-2023 2/2
A report to that effect also has been submitted
vide Memo No. 4861 dated 06.08.2022.
No near relative of the appellant has applied within 30 days of his death for leave to continue with this appeal.
As such, the appeal stands abated and disposed off.
(Ashutosh Kumar, J)
(Harish Kumar, J)
Praveen-II/-
U T
1 issue framed by the court
Whether the criminal appeal abates upon the death of the appellant without leave to continue by any near relative?
Fulena Yadav
State of Bihar
Ashutosh Kumar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
