Patna High Court
RAMJI SINGH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the death of the appellants without any application for leave to continue.
Summary
The appeal filed by Ramji Singh and Shubh Narain Thakur was pending before the Patna High Court when both appellants died, as evidenced by death certificates. No near relative filed an application for leave to continue the appeal. The Court examined the reports of the investigating officers and noted the statutory provisions governing abatement of criminal appeals upon the death of the appellant. Relying on Section 394 of the Code of Criminal Procedure, 1973 and Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court held that the appeal could not proceed without a petition from a near relative. Consequently, the appeal was declared abated and disposed, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal may continue after the death of the 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
- appeal abatement
- death of appellant
- Criminal Procedure Code
- Section 394 CrPC
- Section 435 B.N.S.
- high court order
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.30 of 1997
======================================================
1.Ramji Singh Son of Jugal Singh, Resident of Village-Pratap Pur, P.S. Karja,
District-Muzaffarpur.
2. Shubh Narain Thakur, Son of Sharda Thakur, Resident of Village-Kushi,
P.S. Kanti, District-Muzaffarpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.S. B. K. Mangalam, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 01-05-2026 Perused the report of the SHO, Karja Police Station,
Muzaffarpur dated 16.12.2025 as well as report of Police
Inspector cum SHO, Kanti Police Station , Muzaffarpur,
wherein it is indicated that during enquiry it came to light that
both the appellants Ramji Singh and Shubh Narain Thakur, have
died. Death certificate of appellant no. 1 Ramji Singh issued by
Department of Planning and Development as well as certificate
of death of appellant no. 2 Shubh Narain Thakur issued by Ward
Councillor of Nagar Parishad, Ward No. 21 of Kanti,
Muzaffapur have been enclosed with the said reports.
2. In view of the said letter as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Patna High Court CR. APP (DB) No.30 of 1997(8) dt.01-05-2026
2/2
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.
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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