Patna High Court
DINANATH RAMversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated because the appellant is dead and no near relative filed an application for leave to continue.
Summary
The appellant, Dinanath Ram, died during the pendency of his criminal appeal. The court examined a police letter and an SHO report 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 continued only if a near relative files an application for leave to proceed. No such application was filed. Consequently, the court held that the appeal stands abated and ordered the trial court record to be sent back, effectively disposing of the appeal.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue under Section 394 CrPC.
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.1360 of 2010
======================================================
Dinanath Ram, Son Of Late- Kumar Ram, Resident Of Village- Sijhuakala,
P.S.- Ramgarh, District- Kaimur (Bhabhua)
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Giridhar Gopal Tiwary
For the Respondent/s : Mr.S.N.Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 744 dated 05.05.2026 of the
Superintendent of Police, Kaimur (Bhabhua) along with the
report dated 03.05.2026 of the S.H.O., Ramgarh P.S., Kaimur
(Bhabua), wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Dinanath Ram, is dead.
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 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.1360 of 2010(3) dt.11-05-2026
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)
guddukr/-
U T
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