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Patna High Court

RAMJI PASIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated because the appellant died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Ramji Pasi, filed a criminal appeal which was pending when he died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party if no relative seeks continuation. Accordingly, the Court held that the appeal could not proceed and was abated. The trial court records were ordered to be sent back to the lower court, and the appeal was disposed of.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
  • Whether Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita) mandates abatement of the appeal in such circumstances.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.105 of 2000
                 ======================================================
                 Ramji Pasi, Son of Bhadai Pasi, Resident of Village-Bishunpur Hakimabad,
                 Police Station-Samastipur (M), District-Samstipur.

                                                                            ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Arvind Kumar Sharma, Advocate
                 For the Respondent/s     :      Mr.Abhimanyu Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   15-05-2026                    Perused the Letter No. 918 dated 09.05.2026 of the

                   Superintendent of Police, Samastipur along with the report of

                   Police Inspector           cum S.H.O., Muffasil Police Station,

                   Samastipur dated 07.05.2026, wherein it is indicated that during

                   enquiry it came to light that the sole appellant Ramji Pasi has

                   died. Certificate of death of the appellant issued by Mukhiya of

                   Gram Panchayat Raj, Vishanpur, Block+District-Samastipur has

                   also been enclosed with the said report.

                                  2. In view of the said letters 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
           Patna High Court CR. APP (DB) No.105 of 2000(4) dt.15-05-2026
                                                       2/2




                     disposed of.

                                 3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                                        (Sangam Kumar Sahoo, CJ)



                                                              (Harish Kumar, J)

ranjan/-

U


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