Patna High Court
RAMWATI DEVI and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative filed an application for leave to continue it.
Summary
The appellants, Ramwati Devi and Dhunmun Lal, filed a criminal appeal (DB) No.187 of 2005 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that both appellants had died. The Court examined the report and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandate abatement of an appeal when the parties are deceased and no near relative seeks leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated when all parties to the appeal are deceased and no near 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 parties
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.187 of 2005
======================================================
1. Ramwati Devi, Wife of Dhunmun Lal.
2. Dhunmun Lal Son of Late Laxmi Narayan Lal.
All resident of Bora Kharauni, Police Station-Bihiya, District-Bhojpur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar Sharma, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 07-05-2026 Perused the Letter No. 1090 dated 03.05.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 20.04.2026 of the S.H.O, Bihiya Police Station, Bhojpur,
Ara, wherein it is indicated that during enquiry it came to light
that both the appellants, namely, Ramwati Devi and Dhunmun
Lal, are 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.187 of 2005(3) dt.07-05-2026
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)
Neha/-
U
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