Patna High Court
KAMAL TANTIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Kamal Tanti, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a police letter 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 provides for abatement of proceedings upon the death of a party unless a near relative applies to continue. No near relative filed such an application. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the concerned 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.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.149 of 2005
======================================================
Kamal Tanti, Son of Late Hari Lal Tanti, Resident of Mohalla Chhoti
Daulatpur, P.S.- Jamalpur, Dist.- Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Hare Krishna Prasad, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 189 dated 14.02.2026 of the
Superintendent of Police, Munger along with the Report dated
07.02.2026 of the Sub-Inspector of Police-cum-S.H.O.,
Jamalpur Police Station as well as the Certificate of Death dated
07.02.2026 of the Ward Councilor, Ward No. 01, Nagar
Parishad, Jamalpur; wherein it is indicated that the sole
appellant, namely, Kamal Tanti, 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.149 of 2005(4) dt.11-05-2026
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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