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Patna High Court

SANTOSH RAMversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Santosh Ram, filed a criminal appeal (DB) No. 243 of 2001 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal after the appellant's death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no application is made. 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 after the death of the appellant in the absence of an application by a near relative for leave to proceed

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • CrPC Section 394
  • Bharatiya Nagarik Suraksha Sanhita Section 435
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.243 of 2001
                 ======================================================
                 Santosh Ram, Son of Late Beni Ram, Resident of Village Shree Tola, P.s.
                 Arrah, Nawada District- Bhojpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Avinash, Advocate
                 For the Respondent/s   :     Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   05-05-2026                    Perused the Letter No. 729 dated 24.04.2026 of the

                   Superintendent of Police, Bhojpur, Arrah along with the report

                   dated 22.04.2026 of the Sub-Inspector of Police., Arrah,

                   Nawada P.S., wherein it is indicated that during enquiry it came

                   to light that the sole appellant, namely, Santosh Ram, 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.243 of 2001(4) 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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