Patna High Court
SANJIV RAI @ SANJIVA RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as the appellant is dead and no near relative has applied for leave to continue the appeal.
Summary
The appellant, Sanjiv Rai, filed a criminal appeal (DB) No.141 of 2003 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. The court examined the relevant provisions, namely Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide for abatement of an appeal when the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.141 of 2003
======================================================
Sanjiv Rai @ Sanjiva Rai, S/O Sri Sita Ram Rai, Resident of Village-Bagar,
P.S.- Sikarhata, District-Bhojpur at Arrah.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dr.Amrendra Kumar 1, Advocate
For the Respondent/s : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 10-04-2026 Perused the Letter No. 329 dated 17.02.2026 of
the Superintendent of Police, Bhojpur, Arrah, along with the
Report dated 01.01.2026 of the Assistant Sub-Inspector,
Sikarhata Police Station, Bhojpur at Arrah, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Sanjiv Rai @ Sanjiva Rai, 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.141 of 2003(9) dt.10-04-2026
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)
Neha/-
U
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