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Patna High Court

DHANANJAY PATHAKversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Dhananjay Pathak, filed a criminal appeal against the State of Bihar. While the appeal was pending, the court received police reports and a death certificate confirming that the appellant had died. The court examined Section 394 of the Code of Criminal Procedure (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no near relative seeks leave to continue. Since no relative filed such an application, 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

  • Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to proceed?

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.252 of 2009
                 ======================================================
                 Dhananjay Pathak, Son of Rudra Narayan Pathak, Resident of Village- Jaso,
                 P.O.- Buxar, P.S.- Buxar Muffasil, Dist.- Buxar.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Binod Kumar Singh, Adv.
                 For the Respondent/s   :     Mr. G. P. Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                  Perused the Report No. 1040 dated 11.05.2026 of the

                   Superintendent of Police, Buxar along with the Report dated

                   10.05.2026 of the Sub-Inspector of Police-cum-S.H.O., Buxar

                   Muffasil Police Station, Buxar as well as the Death Certificate

                   dated 01.06.2015 issued by the Department of Planning and

                   Development, Government of Bihar; wherein it is indicated that

                   the sole appellant, namely, Dhananjay Pathak, 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.252 of 2009(4) dt.13-05-2026
                                                        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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