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
- 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.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/-
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