Patna High Court
SANJAY KUMAR RAMversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant Sanjay Kumar Ram filed a criminal appeal before the Patna High Court. Subsequent police reports confirmed that the appellant had died, and a death certificate was attached. The court examined whether the appeal could proceed after the appellant's death without any application from a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in such circumstances the appeal abates. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1030 of 2008
======================================================
Sanjay Kumar Ram, son of Deo Muni Ram, resident of Village- Baghi, Police
Station- Itarhi, District- Buxar
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Rakesh Kumar Sinha 1, Advocate
For the Respondent : Mr.S.N.Pd., A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the report dated 09.05.2026 of the
Superintendent of Police, Buxar along with the report dated
02.05.2026 of the Sub-Inspector of Police, Itarhi Police Station,
Buxar, which indicate that the sole appellant Sanjay Kumar Ram
is dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.1030 of 2008(4) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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