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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

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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