Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.