Patna High Court
LORIK AHIRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the appellant's death and lack of application by a near relative.
Summary
The appellant, Lorik Ahir, filed a criminal appeal (DB) No.182 of 2005 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal must be abated. Consequently, the High Court ordered the appeal to stand abated and be disposed of, and directed the trial court record to be sent back to the lower court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- section 394 CrPC
- section 435 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.182 of 2005
======================================================
Lorik Ahir S/o Vindhyachal Ahir, R/o Vill.- Bilrua, P.S.- Bijaipur, District-
Gopalganj.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raghav Prasad, Advocate
For the Respondent/s : APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 13-05-2026 Perused the report dated 08.05.2026 of the
Superintendent of Police, Gopalganj along with the report dated
06.05.2026 of the S.H.O., Bijaipur P.S., wherein it is indicated
that during enquiry, it came to light that the sole appellant,
namely, Lorik Ahir 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 Bhartiya 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.182 of 2005(8) dt.13-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U T
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