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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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