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Patna High Court

RAM SWAROOP BHUIYANversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of due to the appellant's death and the absence of an application by a near relative.

Summary

The appellant, Ram Swaroop Bhuiyan, died during the pendency of his criminal appeal. The court examined a police letter confirming his death and noted that under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be returned.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal.

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.112 of 2011
                 ======================================================
                 Ram Swaroop Bhuiyan Son Of Late Brikh Bhuiyan Resident Of Village -
                 Bedhni, P.S. - Deo, District - Aurangabad.


                                                                           ... ... Appellant/s

                                                   Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :     Mr. Manish Kumar -3, Advocate
                 For the Respondent/s    :     Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   26-05-2026                        Perused the Letter No. 1602 dated 16.05.2026 of

                   the Deputy Superintendent of Police, Aurangabad along with the

                   Report dated 12.05.2026 of the Sub-Inspector of Police, Deo

                   Police Station, Aurangabad, wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Ram

                   Swaroop Bhuiyan, is dead.

                               2. In view of the said letter 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.112 of 2011(4) dt.26-05-2026
                                                     2/2




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

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



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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