Patna High Court
RAMA NAND RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is dead and no relative applied for leave to continue.
Summary
The appellant, Rama Nand Rai, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant is deceased and no relative seeks continuation. 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 when the appellant is deceased and no near relative applies for leave to continue?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- CrPC
- Bhartiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.234 of 2007
======================================================
RAMA NAND RAI, son of Late Mathuri Rai, resident of village Bisanpur,
Malah Toli, Police Station Samastipur (M), District Samastipur.
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sita R.Yadav, Advocate
For the Respondent/s : A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 621 dated 04.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 01.05.2026 of the Police Inspector-cum-S.H.O., Muffasil
P.S., Samastipur, wherein it is indicated that during enquiry, it
came to light that the sole appellant, namely, Rama Nand Rai, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said report as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.234 of 2007(3) dt.08-05-2026
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)
shailendra/-
U
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