Patna High Court
BHAGWAN JHAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue.
Summary
The appellant, Bhagwan Jha, filed a criminal appeal (DB) No.250 of 1999 before the Patna High Court. During the pendency of the appeal, the court was informed through a police report and a death certificate that the appellant had died. No near relative filed an application for leave to continue the appeal. The court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, dealing with abatement of proceedings upon the death of a party. In the absence of any application by a relative, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies 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
- CrPC
- BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.250 of 1999
======================================================
Bhagwan Jha, Son Of Late Debu Jha @ Deb Narain Jha, Resident Of Village-
Bishwanathpur, “Dih Tarauni”, P.S. Bahera, District- Darbhanga
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kaushal Kumar Jha, Advocate
Mr. Aamir Hayat, Advocate
For the Respondent/s : Mr.Satya Narayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 461 dated 27.04.2026 of
the Senior Superintendent of Police, Darbhanga along with the
report dated 24.04.2026 of the Police Inspector-cum-S.H.O.,
Bahera P.S., wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Bhagwan Jha, 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
Patna High Court CR. APP (DB) No.250 of 1999(4) dt.08-05-2026
2/2
disposed of.
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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