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Patna High Court

RAGHUBIR GOPEversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal is abated due to the appellant's death and is therefore disposed of.

Summary

The appellant Raghubir Gope filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the police and local authorities reported that the appellant had died, and a death certificate was produced. The Court examined the letters and the statutory provisions governing abatement of appeals upon the death of a party. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if no near relative applies for leave to continue it. Since no such application was filed, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back. The order was pronounced by the Chief Justice and Justice Harish Kumar.

Issues considered

  • Whether the death of the appellant necessitates abatement of the criminal appeal under the applicable procedural law
  • Whether the appeal can continue in the absence of an application by a near relative for leave to proceed

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • procedural law
  • Section 394 CrPC
  • Section 435 BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.264 of 2000
                 ======================================================
                 Raghubir Gope, Son of Late Prabhu Gope, Resident of Village-Nakatpura,
                 Police Station-Biharsharif, District-Nalanda.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Ashwani Kumar Sinha, Advocate
                 For the Respondent/s     :      Mr. Sujit Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   26-05-2026                    Perused the Letter No. 1583 dated 18.05.2026 of the

                   Superintendent of Police, Nalanda along with the report of

                   Assistant Sub Inspector, Bihar Police Station, Nalanda dated

                   17.05.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Raghubir Gope has died.

                   Certificate of death of the appellant issued by Mukhiya of Gram

                   Panchayat Raj, M. Nakatpura, Nalanda has also been enclosed

                   with the said reports.

                                  2. In view of the said letters 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.264 of 2000(4) dt.26-05-2026
                                                       2/2




                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
ranjan/-

U


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