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Patna High Court

BINDESHWARI RAMversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of.

Summary

The appellant, Bindeshwari Ram, filed a criminal appeal (DB) No.339 of 2002 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police superintendent's letter, an inspector's report, and a death certificate. The court examined the applicability of 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 abates if the appellant dies and no near relative applies for leave to continue it. Since no relative filed such an application, the court held that the appeal stands abated. Consequently, the criminal appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC (or Section 435 B.N.S. 2023)?

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.339 of 2002
                 ======================================================
                 Bindeshwari Ram, Son of Late Jugal Ram, Resident of Village- Kahra, Police
                 Station- Saharsa, District-Saharsa.

                                                                              ... ... Appellant/s
                                                  Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ratan Kumar, Advocate
                 For the Respondent/s   :     Ms. Shashi Bala Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   10-04-2026                 Perused the Letter No. 170 dated 26.02.2026 of the

                   Superintendent of Police, Saharsa, along with the Report dated

                   24.02.2026 of the Police Inspector-cum-S.H.O., Sadar Police

                   Station, Saharsa as well as the Death Certificate, which was

                   issued by the Department of Planning and Development,

                   Government of Bihar; wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Bindeshwari

                   Ram, 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
         Patna High Court CR. APP (DB) No.339 of 2002(4) dt.10-04-2026
                                                     2/2




                   disposed of.

                                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)
Neha/-

U


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