Patna High Court
VIJAY KUMAR OJHAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is deceased and no near relative has applied for leave to continue the appeal.
Summary
The appellant Vijay Kumar Ojha filed a criminal appeal (DB) No.262 of 1996 against the State of Bihar. During the pendency of the appeal, the police investigation revealed that the appellant had died, and a death certificate was attached to the report. The court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023, governing the abatement of appeals upon the death of a party. Since no near relative applied for leave to continue the appeal, 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 concerned court.
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 proceed
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- procedural law
- section 394 CrPC
- section 435 B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.262 of 1996
======================================================
Vijay Kumar Ojha, Son of Surendra Ojha of Village-Khabara, P.S. Sadar,
District-Muzaffarpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. K. N. Diwakar, Adv.
For the Respondent/s : Ms. Shashi Bala Verma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 731 dated 05.05.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
report dated 02.05.2026 of the Sub Inspector of Police, P.S.,
Kazi Mohammadpur, wherein it is indicated that during enquiry,
it came to light that the sole appellant, namely, Vijay Kumar
Ojha, is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.262 of 1996(3) dt.11-05-2026
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)
rohit/-
U T
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