Patna High Court
DHARAMBIR PASWANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Dharambir Paswan, filed a criminal appeal (DB) No.241 of 2007 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. The court examined the letter and report under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative.
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.241 of 2007
======================================================
Dharambir Paswan, Son of Sri Moti Paswan, resident of Village-Patel Chawk,
Mirganj, Police Station Nagar, District-Begusarai.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arbind Kr.Singh 1, Advocate
For the Respondent/s : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 06-05-2026 Perused the Letter No. 1065 dated 28.04.2026 of the
Superintendent of Police, Begusarai along with the Report dated
28.04.2026 of the Police Inspector-cum-S.H.O, Mufassil Police
Station, Begusarai, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Dharambir
Paswan, is dead.
2. In view of the said letter 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.241 of 2007(7) dt.06-05-2026
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
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