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
- 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.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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