Patna High Court
GANESH DAS and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellants are dead and no near relative has applied for leave to continue the appeal.
Summary
The appellants, Ganesh Das and Nandu Das, filed a criminal appeal against the State of Bihar. While hearing the appeal, the court received police reports and a death certificate confirming that both appellants had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered it to be disposed of, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when all parties to the appeal are deceased
- Whether the absence of an application by a near relative for leave to continue the appeal mandates abatement under Section 394 CrPC
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of parties
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.354 of 2010
======================================================
1. Ganesh Das, S/O Late Bagar Das, R/O Village-Pakori, P.S.-Lauriya, Distt.-
West Champaran
2. Nandu Das, S/O Ganesh Das, R/O Village-Pakori, P.S.-Lauriya, Distt.-West
Champaran
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ram Adya Singh, Adv.
For the Respondent/s : Mr. G. P. Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the Report No. 617 dated 05.05.2026 of the
Superintendent of Police, West Champaran (Bettiah) along with
the Report dated 03.05.2026 of the S.H.O., Lauriya Police
Station, West Champaran as well as the Certificate of Death
dated 03.05.2026 of the Chief Councillor, Nagar Panchayat
Lauriya, West Champaran; wherein it is indicated that the both
the appellants, namely, Ganesh Das and Nandu Das, are 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
Patna High Court CR. APP (DB) No.354 of 2010(3) dt.13-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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)
shivank/-
U T
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