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Patna High Court

RAMASHRAY DASversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant died and no relative applied for leave to continue.

Summary

The appellant, Ramashray Das, filed a criminal appeal (DB) No.144 of 1998 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which governs the abatement of criminal proceedings upon the death of a party. No near relative filed an application for leave to continue the appeal. Consequently, the court held that the appeal could not proceed and ordered it to be abated and disposed of. The trial court record was directed to be sent back to the lower 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 under Section 394 CrPC/Section 435 B.N.S. 2023?

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.144 of 1998
                 ======================================================
                 Ramashray Das, Son of Bijali Das, Resident of Village- Raipur, P.S.- Nanpur,
                 Dist.- Sitamarhi.

                                                                             ... ... Appellant/s
                                                   Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Prasoon Sinha, Sr. Adv.
                 For the Respondent/s   :      Mr. Sujit Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   12-05-2026                 Perused the Report No. 326 dated 04.05.2026 of the

                   Superintendent of Police, Sitamarhi along with the Report dated

                   01.05.2026 of the S.H.O., Nanpur Police Station, Sitamarhi as

                   well as the Certificate of Death dated 01.05.2026 of the

                   Mukhiya of Gram Panchayat- Raj Kaudiya Raipur, Block-

                   Nanpur, Sitamarhi; wherein it is indicated that the sole

                   appellant, namely, Ramashray Das, 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.144 of 1998(4) dt.12-05-2026
                                                        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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