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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

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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