The Rajasthan High Court has reaffirmed that upon the death of an appellant in a criminal appeal, the appeal stands abated. This judgment upholds existing precedent, confirming that subordinate courts must apply this rule, thereby providing binding authority for future cases involving deceased appellants.
Summary
| Category | Data |
|---|---|
| Case Name | CRLA/501/1997 of SHIV CHARAN Vs STATE |
| CNR | RJHC020230511997 |
| Date of Registration | 04-11-1997 |
| Decision Date | 29-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MAHENDAR KUMAR GOYAL, PRAVEER BHATNAGAR |
| Court | High Court Of Rajasthan |
| Bench | JAIPUR BENCH (Division Bench) |
| Precedent Value | Binding upon subordinate courts in Rajasthan |
| Type of Law | Criminal Procedure/Procedure |
| Ratio Decidendi | The appeal abates upon the confirmed death of the appellant during pendency. On production and verification of the death certificate, the appeal stands automatically dismissed as abated, and any pending applications are disposed of accordingly. |
| Facts as Summarised by the Court | After taking on record the status report and the appellant’s death certificate, the Court held that since the appellant expired during the pendency of the appeal, the appeal stands abated. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Rajasthan |
| Persuasive For | Other High Courts, and can be cited for procedural abatement principles in criminal appeals |
What’s New / What Lawyers Should Note
- Reiterates that a criminal appeal cannot proceed after the sole appellant’s death; abatement is automatic upon proof.
- Clarifies the need to place the death certificate and status report on record for formal abatement.
- All pending applications become infructuous once the appeal abates due to death.
Summary of Legal Reasoning
- The Court took on record the status report and death certificate of the appellant provided by the SHO.
- On verifying the death of the sole appellant during the appeal, the Court applied the settled procedural principle: criminal appeals abate on the appellant’s death.
- Declared the criminal appeal as abated and ordered disposal of all pending applications accordingly.
Arguments by the Parties
Appellant:
- None present.
Respondent (State):
- Placed status report and death certificate on record confirming the appellant’s death.
- Sought appropriate orders based on this development.
Factual Background
The appellant, Shiv Charan, was in jail and had preferred a criminal appeal before the Rajasthan High Court. During the pendency of the appeal, the appellant expired on 28.04.2023. The SHO of Udyog Nagar Police Station furnished a status report and death certificate dated 11.05.2023, confirming the appellant’s demise. The Court considered these documents and passed orders regarding the abatement of the appeal.
Statutory Analysis
- Discussed the procedural requirement for abatement of criminal appeals upon the appellant’s death.
- The death certificate and official status report serve as sufficient proof to trigger automatic abatement.
Dissenting / Concurring Opinion Summary
No separate or dissenting/concurring opinions were recorded in the judgment.
Procedural Innovations
No new procedural innovations are described in this judgment.
Alert Indicators
- Precedent Followed – The judgment faithfully applies settled procedural law regarding abatement of criminal appeals after the appellant’s death.