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Patna High Court

SAUDAGAR RAMversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

Saudagar Ram appealed a criminal conviction, but during the pendency of the appeal he died, as reported by the Superintendent of Police and the investigating SHO. The High Court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal when the appellant is deceased and no near relative seeks leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of. The trial court record was ordered to be sent back to the lower court for any further necessary action.

Issues considered

  • Whether a criminal appeal stands abated when the appellant dies and no near relative applies for leave to continue the appeal under the relevant procedural law.

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Criminal Procedure
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • high court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.218 of 2006
                 ======================================================
                 Saudagar Ram, S/o Late Pati Ram, R/o Village-Gajadhara, P.S.-Rajpur, Dist.-
                 Buxar


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Akhileshwar Prasad Singh, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   12-05-2026                 Perused the Letter No. 809 dated 05.05.2026 of the

                   Superintendent of Police, Buxar along with the report dated

                   04.05.2026 of S.H.O. Rajpur, P.S. Buxar, wherein it is indicated

                   that during enquiry it came to light that the sole appellant,

                   namely, Saudagar Ram, 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.

                               3. Let the trial court record be sent back to the
             Patna High Court CR. APP (DB) No.218 of 2006(5) dt.12-05-2026
                                                         2/2




                       concerned court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


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