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Patna High Court

PIRTHAVI RISHIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant died and no near relative filed an application for leave to continue.

Summary

The appellant, Pirthavi Rishi, filed a criminal appeal (DB) No.1159 of 2010 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate issued by the Department of Planning and Development, Government of Bihar. The Superintendent of Police submitted a report confirming the death. 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 if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC.

Legislation cited

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.1159 of 2010
                 ======================================================
                 Pirthavi Rishi, Son of Late Anuplal Rishi, R/o Village Harmuri Chakla Bandh,
                 Police Station-Banmankhi, District-Purnea.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Md.Helal Ahmad, Advocate
                 For the Respondent/s   :      Mr.A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   07-05-2026              Perused the Letter No. 600 dated 28.04.2026 of the

                   Superintendent of Police, Purnea along with the report of Sub

                   Inspector of Police cum S.H.O., dated 27.04.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Pirthavi Rishi has died. Death certificate of the

                   appellant issued by Department of Planning and Development,

                   Government of Bihar, Patna has also been enclosed with the

                   said report.

                            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
           Patna High Court CR. APP (DB) No.1159 of 2010(6) dt.07-05-2026
                                                       2/2




                     disposed of.

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

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



                                                             (Sangam Kumar Sahoo, CJ)



                                                                   (Harish Kumar, J)

ranjan/-

U


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