Created by Fuzzy Cloud

Patna High Court

NAGENDRA PRASADversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no near relative has applied for leave to continue the appeal.

Summary

The appellant, Nagendra Prasad, filed a criminal appeal (DB) No.200 of 2009 before the Patna High Court. During the pendency of the appeal, the court was informed through official letters and a death certificate that the appellant 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 may be abated if the appellant dies and no near relative applies for leave to continue it. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC.

Legislation cited

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.200 of 2009
                 ======================================================
                 Nagendra Prasad, S/o Late Ram Rup Singh, R/o Mohalla Mussalahpur Hat,
                 Rampur Lane, P.S.-Sultanganj, District-Patna

                                                                        ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Ms. Mira Kumari, Adv.
                 For the Respondent/s   :     Mr. D.K. Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   14-05-2026                 Perused the Letter No. 2040 dated 06.05.2026 of the

                   Senior Superintendent of Police, Patna, along with the report

                   dated 25.04.2026 of S.H.O., Sultanganj P.S., Patna, as well as

                   the Death Certificate issued on 02.07.2015, 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, Nagendra Prasad, 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

                   disposed of.
             Patna High Court CR. APP (DB) No.200 of 2009(3) dt.14-05-2026
                                                         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)
supratim/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.