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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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