Patna High Court
RAM DENI PASWANversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the death of the appellant without any application by a near relative.
Summary
The appellant, Ram Deni Paswan, filed a criminal appeal (DB) No.1193 of 2011 against the State of Bihar. During the pendency of the appeal, the court received a letter and police report confirming that the appellant had died, supported by a death certificate issued by the village Mukhiya. The court examined the applicability of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1193 of 2011
Arising Out of PS. Case No.-8 Year-1992 Thana- AURANGABAD GRP CASE District-
Aurangabad
======================================================
Ram Deni Paswan, Son of Late Dhaneshwar Paswan, R/o,Vill.-Dighi, P.S.-
Nabinagar, Dist.-Aurangabad (Bihar).
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar, Advocate
For the Respondent/s : Ms. S.B.Verma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 07-05-2026 Perused the Letter No. 1240 dated 01.05.2026 of the
Deputy Superintendent of Police, Aurangabad along with the
report of Sub Inspector of Police cum S.H.O., Nabinagar dated
01.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Ram Deni Paswan has died.
Certificate of death issued by Mukhiya of Gram Panchayat,
Pipra, Block-Nabinagar, Aurangabad 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
Patna High Court CR. APP (DB) No.1193 of 2011(4) dt.07-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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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