Patna High Court
Shambhu RajakversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
An appeal abates upon the death of the appellant unless a near relative applies for leave to continue, and therefore the appeal is disposed.
Summary
The appellant, Shambhu Rajak, filed a criminal appeal (DB) No.1090 of 2012 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. No near relative filed an application seeking leave to continue the appeal on his behalf. 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 upon the death of the appellant unless a relative seeks permission to proceed. Applying this provision, the Court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the concerned trial court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative seeking leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1090 of 2012
Arising Out of PS. Case No.-191 Year-2009 Thana- DAUDNAGAR District- Aurangabad
======================================================
Shambhu Rajak S/O Lalan Rajak R/O Village - Kucha Gali, Daudnagar, P.S.
Daudnagar, District - Aurangabad
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rabindra Kumar, Advocate
For the Respondent/s : Mr. C.S.Pd.Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 13-03-2026 Perused the Letter No. 479 dated 12.02.2026 of the
Deputy Superintendent of Police, Aurangabad, along with
Memo No. 626 of 2026 dated 12.02.2026 of the Assistant Sub-
Inspector of Police, Daudnagar Police Station, Aurangabad,
wherein it is indicated that during the enquiry it came to light
that the sole appellant, namely, Shambhu Rajak, is dead and the
death certificate of the appellant is annexed with the said report.
2. In view of the said report and Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
and since no near relative has filed any application seeking
leave to continue the appeal, the Criminal Appeal stands abated
Patna High Court CR. APP (DB) No.1090 of 2012(8) dt.13-03-2026
2/2
and is disposed of accordingly.
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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