Patna High Court
RAM ASHISH ROY and ANRversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue.
Summary
The appellants, Ram Ashish Roy and Ram Pravesh Roy, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, both appellants died, as confirmed by letters from the Superintendent of Police and the SHO. 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 near relative applies to continue. Since no relative filed an application for leave to continue the appeal, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under the applicable procedural law?
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
- Section 435 BNSS 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.186 of 1999
======================================================
1. Ram Ashish Roy
2. Ram Pravesh Roy,
Both sons of late Tapasi Roy, resident of village Mardan Rai Ka Pipra,
P.S.-Kargahar, District- Rohtas at Sasaram.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pushkar Nr.Shahi, Sr. Advocate
For the Respondent/s : Mr. Satya Narayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 19-03-2026 Perused the Letter No.345 dated 17.02.2026 of the
Superintendent of Police, Rohtas along with the Report No. 342
dated 06.02.2026 of SHO, Kargahar Police Station, wherein it is
indicated that during enquiry it came to light that both the
appellants, namely, Ram Ashish Roy and Ram Pravesh Roy, are
died.
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.186 of 1999(3) dt.19-03-2026
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)
uday/-
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