Patna High Court
JAGARNATH RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no relative sought leave to continue.
Summary
The appellant Jagarnath Rai filed a criminal appeal, but the Supreme Court learned from police reports and a death certificate that he had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no near relative applies to continue it. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal. The trial court record was to be sent back to the lower court. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal
- Whether Section 394 of the CrPC and its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, apply in the present circumstance
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.199 of 2001
======================================================
Jagarnath Rai, S/o late Munilal Rai, R/o Village Mahua Singhrai, P.S.-Mahua,
Dist. Vaishali
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rabindra Kumar Priyadarshi, Adv.
For the Respondent/s : Mr. Sujit Kumar Singh, Addl. PP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the Letter No. 581 dated 28.04.2026 of the
Superintendent of Police, Vaishali, along with the report dated
25.04.2026 of Inspector of Police-cum-S.H.O.- Mahua P.S.,
Vaishali, as well as the Death Certificate issued on 03.03.2022,
issued by Department of Planning and Development,
Government of Bihar, wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Jagarnath Rai, is
dead.
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.199 of 2001(3) dt.13-05-2026
2/2
disposed of.
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)
supratim/-
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