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Patna High Court

SONU RAMversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

A criminal appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue, per Section 394 CrPC/Section 435 B.N.S. 2023.

Summary

The appellant, Sonu Ram, filed a criminal appeal (DB) No.334 of 2012 before the Patna High Court. During the pendency of the appeal, the appellant was reported dead, as per a letter from the Superintendent of Police and a memo from the Assistant Sub‑Inspector. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide that an appeal abates if the appellant dies and no near relative seeks its continuation. Since no relative filed an application for leave to continue, the Court held that the appeal must be abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the trial court.

Issues considered

  • Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for its continuation

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.334 of 2012
                     Arising Out of PS. Case No.-143 Year-2007 Thana- JAMALPUR District- Munger
                 ======================================================
                 SONU RAM S/O Late Kamo Ram @ Kamleshwari Ram Resident Of Village-
                 Rampur, Police Station- Jamalpur, District- Munger

                                                                                 ... ... Appellant/s
                                                      Versus
                 THE STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sanjiv Kumar Singh, Advocate
                 For the Respondent/s   :        Mr. S.B.Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-03-2026                    Perused the Letter No. 161 dated 12.02.2026 of the

                   Superintendent of Police, Munger, along with Memo No. 755 of

                   2026 dated 08.02.2026 of the Assistant Sub-Inspector, Jamalpur

                   Police Station, Munger, wherein it is indicated that during the

                   enquiry it came to light that the sole appellant, namely, Sonu

                   Ram, is dead.

                               2. In view of the said report and Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   and since no near relative has filed any application seeking

                   leave to continue the appeal, the Criminal Appeal stands abated

                   and is disposed of accordingly.
         Patna High Court CR. APP (DB) No.334 of 2012(4) dt.13-03-2026
                                                     2/2




                                3. Let the Trial Court Records be sent back to the

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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