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Patna High Court

RAMBABU ROY @ RAMBABU SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Rambabu Roy, died during the pendency of his criminal appeal. The court examined a police report and death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the sole appellant without a relative filing an application for leave to continue.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC Section 394
  • Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.239 of 2002
                 ======================================================
                 RAMBABU ROY @ RAMBABU SINGH, Son of Srinarayan Rai, Resident
                 of Village- Birpur in the District of Begusarai.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mrs. Anita Kumari Singh, Advocate
                 For the Respondent/s   :     Mr. Bipin Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   05-05-2026                    Perused the Letter No. 885 dated 22.04.2026 of the

                   Superintendent of Police, Begusarai along with the report dated

                   22.04.2026 of the Police Inspector-cum-S.H.O., Barauni P.S.,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Rambabu Roy @ Rambabu Singh, 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 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.239 of 2002(5) dt.05-05-2026
                                                        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)
guddukr/-

U      T


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