Patna High Court
RAJDEO PASWANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Rajdeo Paswan, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a police report and a death certificate issued by the village Mukhiya. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide that a criminal appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative files an application for leave to continue the appeal under the applicable procedural law
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.318 of 1999
======================================================
Rajdeo Paswan Son of Late Raghuni Paswan Resident of Village-Ghirsindi,
P.S. Nabinagar, District-Aurangabad.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Gunjita Gupta, A.C
Mr. Kamlendra Pd Singh, 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)
6 01-05-2026 Perused the Letter No. 722 dated 17.03.2026 of the
Deputy Superintendent of Police, Aurangabad along with the
report of Police Sub Inspector Nabinagar Police Station dated
10.02.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Rajdeo Paswan, has died.
Certificate of death issued by Mukhiya of Gram Panchayat Raj
Majhiyawan, Nabinagar, Aurangabad has also been enclosed
with the said report.
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
Patna High Court CR. APP (DB) No.318 of 1999(6) dt.01-05-2026
2/2
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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