Patna High Court
RAVI RANJAN ROYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 B.N.S. 2023) because the appellant is deceased and no relative applied for continuation.
Summary
The appellant, Ravi Ranjan Roy, died during the pendency of his criminal appeal. The court examined letters from the Superintendent of Police and a death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative files an application to continue it. No relative applied for leave to proceed. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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.1212 of 2010
======================================================
Ravi Ranjan Roy, S/o Late Bachu Rai, R/o Village Dulam Chak, P.s. Chauri,
Dist. - Bhojpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Gajanan Arun, Adv.
For the Respondent/s : Mr. D. Kr. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 08-05-2026 Perused the Letter No. 1112 dated 03.05.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 03.05.2026 of Sub-Inspector of Police, Chauri Police
Station, Naugachhia as well as the Certificate of Death dated
05.01.2025 of the Sarpanch, Gham Kuttchery Dhanchua,
(Bhojpur); wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Ravi Ranjan Roy, is dead.
2. In view of the said letters 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
disposed of.
Patna High Court CR. APP (DB) No.1212 of 2010(7) dt.08-05-2026
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)
Anjani/-
U
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