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Patna High Court

UMESH GIRIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Umesh Giri, filed a criminal appeal (DB) No.1131 of 2010 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal must be abated. Consequently, the court ordered the appeal to stand abated and disposed of, and directed the trial court record to be sent back to the concerned court.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under the applicable procedural law?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bhartiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1131 of 2010
                 ======================================================
                 Umesh Giri son of Late Rajendra Giri, Resident of Village- Bishunpur Kesho,
                 P.S.- Minapur, District- Muzaffarpur.

                                                                            ... ... Appellant
                                                   Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Sumant Singh, Advocate
                 For the Respondent/s   :     Mr. A.K. Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   11-05-2026                 Perused the Letter No. 705 dated 05.05.2026 of the

                   Senior Superintendent of Police, Muzaffarpur along with the

                   report dated 03.05.2026 of the O.P. In-charge, Panapur O.P.

                   (Minapur), Muzaffarpur wherein it is indicated that during

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

                   Giri, is dead and the death certificate of the appellant is annexed

                   with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.1131 of 2010(3) dt.11-05-2026
                                                        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)
guddukr/-

U      T


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