Patna High Court
SANTOSH KUMAR RAUT @ MITHILESH KUMAR RAUTversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated under Section 394 CrPC (Section 435 BNS Sanhita) as no near relative applied for leave to continue it.
Summary
The appellants, Kunni Harijan and Bilash Harijan, filed a criminal appeal against the State of Bihar. While the appeal was pending, the investigating authorities reported that both appellants had died, attaching their death certificates. The court examined the reports and noted that under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue it. No such application was filed by any relative of the deceased appellants. Consequently, the court held that the appeal stood abated. The trial court record was ordered to be sent back to the concerned court, and the appeal was disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1253 of 2007
======================================================
1. Kunni Harijan, Son of Sudhir Harijan
2. Bilash Harijan, Son of Purna Harijan
Both are Resident of village – Kaitha (Harigal Tola), Police Station – Rajoun,
District - Banka
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Juhi Kumari, Advocate
For the Respondent/s : A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 622 dated 01.05.2026 of the
Superintendent of Police, Banka along with the report dated
30.04.2026 of the Sub-Inspector, Rajoun P.S., Banka, wherein it
is indicated that during enquiry, it came to light that the
appellants, namely, Kunni Harijan and Bilash Harijan, are dead
and the death certificates of both the appellants are annexed
with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.1253 of 2007(3) dt.08-05-2026
2/2
disposed of.
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)
shailendra/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.