Patna High Court
NARESH PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 CrPC (Section 435 B.N.S.) because the appellant died and no relative sought its continuation.
Summary
The appellant, Naresh Prasad, filed a criminal appeal (DB) No. 1069 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by official letters and a death certificate. 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 that an appeal abates on the death of the appellant if no relative seeks its continuation. Accordingly, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No. 1069 of 2007
======================================================
Naresh Prasad, Son of Late Bipat Sao, Resident of Village- Dharampur,
Kharawan, P.S.- Dulhin Bazar (Bikram), Dist.- Patna.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Sinha. Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 14-05-2026 Perused the Letter No. 1978 dated 05.05.2026 of
the Senior Superintendent of Police, Patna, along with the
report dated 02.05.2026 of the S.H.O., Dulhin Bazar P.S., Patna,
as well as Death Certificate issued by The Department of
Planning and Development, Government of Bihar, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Naresh Prasad, is dead.
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
disposed of.
Patna High Court CR. APP (DB) No. 1069 of 2007(6) dt.14-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Anjani/-
U T
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