Patna High Court
DHOLAN PASWANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 of the CrPC (Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023).
Summary
The appellant, Dholan Paswan, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate annexed to police reports. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of appeals upon the death of the appellant. 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 after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC Section 394
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1286 of 2008
======================================================
Dholan Paswan son of Mamabir Paswan, resident of village Nista, P.S.
Singhbara, District - Darbhanga
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ram Bali Jha, Advocate
For the Respondent/s : Mr. G.P.Jaiswal A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 08-05-2026 Perused the Letter No. 565 dated 02.05.2026 of the
Senior Superintendent of Police, Darbhanga along with the
report dated 01.05.2026 of the S.H.O. Singhbara P.S.,
Darbhanga, wherein it is indicated that during enquiry, it came
to light that the sole appellant, namely, Dholan Paswan, is dead
and the death certificate of the appellant is 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
disposed of.
Patna High Court CR. APP (DB) No.1286 of 2008(5) 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)
shailendra/-
U T
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