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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

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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