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Patna High Court

KASHI RAMversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of because the appellant is dead and no relative sought leave to continue the appeal.

Summary

The appellant Kashi Ram filed a criminal appeal against the State of Bihar. The High Court examined police reports and a death certificate showing that Kashi Ram had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed if the appellant is deceased and no near relative seeks leave to continue it. No relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be returned.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed

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.1372 of 2008
                 ======================================================
                 Kashi Ram, Son of Late Bhola Ram, Resident of Village- Harpur, P.S.- Itarhi,
                 Dist.- Buxar.

                                                                               ... ... Appellant/s
                                                   Versus

                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Digvijay Kumar Ojha, Adv.
                 For the Respondent/s   :      Mr. A. Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                   Perused the Report No. 880 dated 09.05.2026 of the

                   Superintendent of Police, Buxar along with the Report dated

                   09.05.2026 of the S.H.O., Itarhi Police Station, Buxar as well as

                   the Certificate of Death dated 22.05.2014 issued by the Nagar

                   Parishad, Buxar; wherein it is indicated that the sole appellant,

                   namely, Kashi Ram, is dead.

                               2. In view of the said letter 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

                   disposed of.
            Patna High Court CR. APP (DB) No.1372 of 2008(4) dt.13-05-2026
                                                        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)
shivank/-

U      T


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