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Patna High Court

RAJEEV KUMARversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because no near relative filed an application for leave to continue it.

Summary

The appellant, Rajeev Kumar Rai, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue it. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court record 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.260 of 2007
                 ======================================================
                 Rajeev Kumar Rai @ Rajeev Roy, Son of Late Shree Rai @ Sri Krishna Rai,
                 Resident of Village-Basudeopur, Police Station-Muffasil, District-Begusarai.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Dr.Amrendra Kumar, Advocate
                 For the Respondent/s   :      Mr. App.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   06-05-2026                   Perused the Letter No. 1078 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, Muffasil Police

                   Station, Begusarai, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Rajeev Kumar Rai

                   @ Rajeev Roy, 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.260 of 2007(3) 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


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