Affirmation of established abatement principles under criminal procedure; certification by police and local authority accepted as proof; binding authority for procedural disposition
Summary
| Category | Data |
|---|---|
| Decision Date | 25-08-2025 |
| Disposal Nature | ABATED |
| Judgment Author | Mr. Justice Mohit Kumar Shah |
| Concurring Judge | Justice Soni Shrivastava |
| Court | High Court of Judicature at Patna |
| Bench | Division Bench |
| Precedent Value | Reaffirmation of established law |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal procedure |
| Questions of Law | Whether the death of the sole appellant during pendency abates the appeal |
| Ratio Decidendi | The appeal abated since the sole appellant died during pendency, and satisfactory proof of death (police letter and local authority certificate) was produced |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Acceptance of the Superintendent of Police’s letter and Gram Kachahari certificate as sufficient proof of death |
| Facts as Summarised by the Court | The sole appellant died twenty years ago; the SP letter (17.7.2025) and sarpanch’s certificate (11.7.2025) confirmed death; hence the appeal abated |
What’s New / What Lawyers Should Note
- Reaffirms that the death of the sole appellant unequivocally abates a criminal appeal.
- Confirms that a Superintendent of Police’s letter together with a sarpanch-issued certificate suffice as evidence of death for procedural abatement.
Summary of Legal Reasoning
- The court received a letter dated 17.07.2025 from the Superintendent of Police, Saharsa, stating that the sole appellant had died approximately twenty years earlier.
- A corroborative certificate issued by the sarpanch of Maharas Gram Kachahari on 11.07.2025 was annexed as proof of death.
- Finding no reason to disbelieve the evidence of death, the court held that the appeal must abate upon the appellant’s demise and directed consignment of the records.
Factual Background
In Criminal Appeal (DB) No. 194 of 1996, the sole appellant continued to pursue relief before the Patna High Court. During pendency, on 17 July 2025 the Superintendent of Police submitted a letter stating that the appellant had died twenty years prior, supported by a sarpanch’s certificate dated 11 July 2025. Recognising this undisputed proof of death, the court ordered the appeal to abate.
Alert Indicators
- Precedent Followed – The decision upholds established abatement principles in criminal procedure.