Patna High Court
RAM LALI DUSADHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative filed an application for leave to continue the appeal after the appellant's death.
Summary
The appellant, Ram Lali Dusadh, died before the conclusion of his criminal appeal. The court examined police reports confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be returned.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue 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.19 of 1999
======================================================
Ram Lali Dusadh, Son of Late Swarath Dusadh, Resident of Village- Jaishree,
P.S.- Karakat, Dist.- Rohtas.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vikram Deo Singh, Adv.
For the Respondent/s : Mr. Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 12-05-2026 Perused the Report No. 866 dated 04.05.2026 of the
Superintendent of Police, Rohtas along with the Report dated
02.05.2026 of the Sub-Inspector of Police-cum-S.H.O., Karakat
Police Station, Rohtas; wherein it is indicated that the sole
appellant, namely, Ram Lali Dusadh, is 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.19 of 1999(4) dt.12-05-2026
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)
shivank/-
U T
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