Patna High Court
RAM LAKHAN RAI @ RAM LAKHAN MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed as the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Ram Lakhan Rai, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. 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 a party dies and no relative applies to continue. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no 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
- 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.181 of 2004
======================================================
Ram Lakhan Rai @ Ram Lakhan Mandal, Son of Late Sitabi Rai, Resident of
Village-Bhaiya Bhitha, Baunsi, District-Banka.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Amrendra Kumar Sinha 1, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 08-05-2026 Perused the Letter No. 643 dated 01.05.2026 of the
Superintendent of Police, Banka along with the report of S.H.O.,
Baunsi dated 30.04.2026, wherein it is indicated that during
enquiry it came to light that the sole appellant Ram Lakhan Rai
@ Ram Lakhan Mandal has died. Death certificate issued by
Department of Planning and Development, Government of
Bihar, Patna has also been enclosed with the said report.
2. In view of the said letters 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.181 of 2004(5) dt.08-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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