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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

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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