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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

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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