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Patna High Court

RAMAYAN SAHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC/Section 435 B.N.S. 2023.

Summary

The appellant, Ramayan Sah, filed a criminal appeal which was pending when he died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal after his 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 for abatement of proceedings when the appellant dies and no application is made. Accordingly, the Court held that the appeal could not proceed and was abated. The trial court records were ordered to be sent back, and the appeal was disposed of.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no relative applies for leave to continue the appeal
  • Whether Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) applies to abate 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.1242 of 2008
                 ======================================================
                 Ramayan Sah, Son of Dukhi Sah, Resident of Village-Semariya, Police
                 Station-Nautan in the district of Siwan.

                                                                              ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Akhileshwar Prasad Singh, 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)

3   12-05-2026                    Perused the Letter No. 485 dated 04.05.2026 of the

                   Superintendent of Police, Siwan along with the report of S.H.O.,

                   Nautan Police Station, Siwan dated 02.05.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Ramayan Sah has died. Certificate of death issued by

                   Sarpanch of Gram Kachahari of Gram Panchayat Raj, Semariya,

                   Block-Nautan, Siwan has also been enclosed with the said

                   report.

                                  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
           Patna High Court CR. APP (DB) No.1242 of 2008(3) dt.12-05-2026
                                                       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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