The Patna High Court held that the criminal appeal filed by Suresh Choudhary abated and was disposed of because the sole appellant died during the pendency of the appeal without anyone requesting to keep it alive.
The appeal was abated and disposed of under Section 394 of the Code of Criminal Procedure due to the death of the sole appellant.
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.865 of 2016
Arising Out of PS. Case No.-226 Year-2013 Thana- BAKHTIYARPUR District- Patna
======================================================
Suresh Choudhary Son of Late Banke Choudhary, resident of VillageManjhaul, P.S. Cheriyaberiyarpur, District- Begusarai.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance :
For the Appellant/s : Ms. Soni Shrivastava For the Respondent/s : Mr. Ganesh Prasad Jaiswal ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
9 05-05-2023
The sole appellant in this appeal left this world of
living on 26.08.2021.
On such statement having been made by the learned counsel for the appellant, a report was called for from the authorities below.
The postmortem report of the deceased as also the communication intimating that the deceased has died during
the pendency of the appeal has been forwarded which are kept on record at flag - ‘X’ and ‘Y’ respectively.
No person has come forward till date with a request to keep the appeal alive.
Patna High Court CR. APP (DB) No.865 of 2016(9) dt.05-05-2023 2/2
Hence, this appeal abates under the provisions
contained in Section 394 of the Code of Criminal Procedure.
The entire appeal stands abated and disposed of
accordingly.
(Ashutosh Kumar, J)
( Harish Kumar, J)
sunilkumar/-
U T
1 provisions across 1 enactments
Suresh Choudhary
The State Of Bihar
Ashutosh Kumar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
