Patna High Court
Suresh RishideoversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant has died and no relative applied for its continuation.
Summary
The appellant, Suresh Rishideo, filed a criminal appeal (DB) No.191 of 2014 before the Patna High Court. While hearing, the court received a letter from the Superintendent of Police confirming that the appellant had died. 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 upon the death of a party. Since no near relative filed an application to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court records were ordered to be sent back to the trial court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no relative seeks its continuation
- Applicability of Section 394 CrPC (now Section 435 BNSS 2023) to the present appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.191 of 2014
Arising Out of PS. Case No.-31 Year-2002 Thana- BIHARIGANJ District- Madhepura
======================================================
Suresh Rishideo S/o Late Kushilal Rishideo Resident of Village- Baijnathpur,
P.S.- Bihariganj District- Madhepura
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Kumar Singh, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-03-2026 Perused Letter No. 200 dated 08.02.2026 of the
Superintendent of Police, Madhepura along with the report of
S.H.O., Bihariganj Police Station dated 07.02.2026, wherein it
is indicated that the sole appellant namely, Suresh Rishideo has
died.
2. In view of the said letter and having regard to
Section 394 of the Code of Criminal Procedure, 1973, which
corresponds to Section 435 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and inasmuch as no near relative has filed any
Patna High Court CR. APP (DB) No.191 of 2014(4) dt.13-03-2026
2/2
application seeking leave to continue the appeal, the present
Criminal Appeal stands abated and is accordingly disposed of.
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
shailendra/-
U T
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