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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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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