The High Court has reiterated that in criminal proceedings, where the sole appellant dies during the pendency of the appeal, the appeal abates and stands dismissed as abated. This decision, rooted in established procedure, upholds existing legal precedent, and serves as binding authority for all subordinate courts dealing with abatement due to the death of an appellant in criminal matters.
Summary
| Category | Data |
|---|---|
| Case Name | CRA/256/2017 of Raju Pandey Vs State Of Chhattisgarh |
| CNR | CGHC010021062017 |
| Date of Registration | 14-02-2017 |
| Decision Date | 03-11-2025 |
| Disposal Nature | ABATED |
| Judgment Author | HON’BLE SHRI JUSTICE BIBHU DATTA GURU |
| Court | High Court Of Chhattisgarh |
| Precedent Value | Binding on subordinate courts in Chhattisgarh |
| Type of Law | Criminal Law—Appellate Procedure |
| Questions of Law | Whether a criminal appeal abates on the death of the appellant before its disposal? |
| Ratio Decidendi |
Upon receiving official intimation, supported by a death certificate, regarding the death of the appellant during the pendency of a criminal appeal, the court is mandated to dismiss the appeal as abated. The legal process ensures that criminal liability does not survive the accused, thus rendering further proceedings infructuous upon their demise. The present order applies the established statutory framework and affirms the procedural consequence of abatement in such circumstances. |
| Facts as Summarised by the Court |
The appellant was convicted under Section 22(b) of the NDPS Act and sentenced to 5 years imprisonment with fine. During the pendency of his appeal, the court was officially informed—by the trial court and a supporting death certificate—that the appellant died on 20/09/2024. Accordingly, the High Court dismissed the appeal as abated. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Chhattisgarh |
| Persuasive For | High Courts of other States, especially when faced with similar procedural situations |
What’s New / What Lawyers Should Note
- Reconfirms that criminal appeals abate upon the death of the appellant—no adjudication on merits is possible thereafter.
- A valid death certificate or official communication from the trial court regarding death is sufficient basis for abatement.
- Lawyers must promptly inform the court, with appropriate documentation, if an appellant dies during the pendency of appeal.
Summary of Legal Reasoning
- The High Court considered the official intimation from the Special Judge (NDPS) regarding the appellant’s death as well as the supporting death certificate issued by the Registrar, Birth and Death, District Hospital Ambikapur.
- Citing the procedural mandate applicable to criminal appeals, the court concluded that no further adjudication could continue post the appellant’s death.
- The appeal was therefore dismissed as abated, consistent with settled procedure.
Factual Background
The appellant, Raju Pandey, was convicted and sentenced under Section 22(b) of the NDPS Act to five years imprisonment and a fine. He appealed the conviction to the High Court. While the appeal was pending, the court received official intimation, along with a death certificate, confirming that the appellant died on 20/09/2024. Based on this, the appeal was dismissed as abated.
Statutory Analysis
- The judgment was rendered within the framework of the Code of Criminal Procedure, 1973.
- The relevant statutory procedures provide that criminal appeals abate upon the death of the appellant. No further interpretation or analysis of substantive sections was rendered as the procedural outcome followed automatically from the notification of death.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions were recorded in the judgment.
Procedural Innovations
No new procedural rules or innovations were introduced in the judgment.
Alert Indicators
- Precedent Followed – Existing law regarding abatement of criminal appeals upon the death of the appellant is reaffirmed.