Patna High Court
HALKHORI RAM @ RAM BILASH RAMversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the appellant's death and the lack of a relative's application for leave to continue.
Summary
The appellant, Halkhori Ram, died during the pendency of Criminal Appeal No.192 of 1997. The court examined a police letter and death certificate confirming his demise. 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 the trial court records 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.
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.192 of 1997
======================================================
Halkhori Ram @ Ram Bilash Ram, Son of Choudhary Ram, Resident of
Village-Ojhoul, Police Station-Bahadurpur, District-Darbhanga.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashok Kumar Choudhary, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the Letter No. 669 dated 10.05.2026 of the
Senior Superintendent of Police, Darbhanga along with the
report of S.H.O., Bahadurpur Police Station dated 05.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Halkhori Ram @ Ram Bilash Ram has died.
Certificate of death of the appellant issued by Up-Pramukh,
Village-Ojhoul, Block-Bahadurpur, District-Darbhanga has also
been enclosed with the said reports.
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
Patna High Court CR. APP (DB) No.192 of 1997(3) dt.26-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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