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Patna High Court

HARI ROYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of when the appellant dies and no near relative files an application for leave to continue.

Summary

The appellant, Hari Roy, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate attached to a police report. No near relative filed an application for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court. The order was pronounced by the Chief Justice and Justice Harish Kumar.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no 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.1155 of 2006
                 ======================================================
                 Hari Roy, S/o Late Ram Nandan Roy, R/o Village-Dighra, P.S. Pusa, District-
                 Samastipur.

                                                                               ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr. Ajay Kumar Thakur, Adv.
                                                 Mr. Imtiyaz Ahmad, Adv.
                                                 Mr. Purushottam Kumar, Adv.
                 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   12-05-2026                    Perused the Letter No. 955 dated 09.05.2026 of the

                   Superintendent of Police, Samastipur along with the report

                   dated 07.05.2026 of S.H.O. Pusa P.S., Samastipur, wherein it is

                   indicated that during enquiry, it came to light that the sole

                   appellant, namely, Hari Roy, 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.1155 of 2006(4) dt.12-05-2026
                                                          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)
rohit/-

U         T


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