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Patna High Court

LALAN NUTversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Lalan Nut, filed a criminal appeal (DB) No.275 of 2003. While the appeal was pending, the appellant died, as evidenced by a police memo and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • The appeal can continue despite the appellant's death if a near relative applies for leave.
  • Whether the appeal must be abated under Section 394 CrPC/Section 435 B.N.S. when the appellant dies and no application is filed.

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.275 of 2003
                 ======================================================
                 Lalan Nut, Son of Gulabchand Nut, Resident of Village- Saraiya, P.S.- Rani
                 Talab (Bikram), Dist.- Patna.


                                                                            ... ... Appellant/s
                                                  Versus

                 The State of Bihar

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   11-05-2026                 Perused the Memo No. 4034 dated 04.08.2025 of the

                   of the Inspector of Police-cum-S.H.O., Bihta Police Station as

                   well as the Death Certificate dated 18.01.2023 issued by the

                   Department of Planning and Development, Government of

                   Bihar; wherein it is indicated that the sole appellant, namely,

                   Lalan Nut, 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.275 of 2003(5) 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)
shivank/-

U      T


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