Patna High Court
SAROJ THAKURversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 of the CrPC as no near relative applied for leave to continue.
Summary
The appellant, Saroj Thakur, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, and a death certificate was produced by the police. No near relative filed an application for leave to continue the appeal. 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 when the appellant dies and no application is made. Accordingly, the Court held that the appeal stands abated and ordered its disposal. 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.
- Whether Section 394 of the CrPC (and its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita) mandates abatement of the appeal.
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.167 of 2008
======================================================
Saroj Thakur, son of late Shyam Bihari Thakur, resident of Village-
Parmanpur, P.O.- Khandricha, Police Station- Koran Sarai, District- Buxar
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Ramesh Jha, Advocate
For the Respondent : Smt. Shashi Bala Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 26-05-2026 Perused the report dated 04.05.2026 of the
Superintendent of Police, Buxar along with the report dated
03.05.2026 of the S.H.O., Koran Sarai Police Station, Buxar,
which indicate that the sole appellant Saroj Thakur is dead and
the death certificate of the appellant is annexed with the said
report.
2. In view of the said reports 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
Patna High Court CR. APP (DB) No.167 of 2008(4) dt.26-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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