Patna High Court
PARAS LOHARversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 Bharatiya Nagarik Suraksha Sanhita, 2023) due to the appellant's death and lack of any application by a near relative.
Summary
The appellant, Paras Lohar, filed a criminal appeal (DB) No.244 of 2000 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. 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 upon the death of a party unless a near relative applies for leave to continue. No near relative filed such an application. Consequently, the Court held that the appeal could not proceed and ordered it to stand abated and be disposed of.
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 continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.244 of 2000
======================================================
Paras Lohar, Son of Budhai Lohar, Resident of Village- Pukhrera, P.S.-
Mairwa, Dist- Siwan.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Singh, Adv.
For the Respondent/s : Mr. Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 12-05-2026 Perused the Report No. 465 dated 04.05.2026 of the
Superintendent of Police, Siwan, along with the Report dated
01.05.2026 of the S.H.O., Mairwa Police Station, Siwan, as well
as the Certificate of Death dated 01.05.2026 of the Ward
Member of Ward No.-01 of Gram Panchayat- Raj Akolhi,
Block- Jiradai, Siwan; wherein it is indicated that the sole
appellant, namely, Paras Lohar, 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.244 of 2000(4) dt.12-05-2026
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)
shivank/-
U T
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