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
- 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.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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.