Patna High Court

SUDHESHWAR RAVANIversusSTATE OF BIHAR

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 B.N.S. 2023).

Summary

The appellant, Sudheshwar Ravani, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, a police report revealed that the appellant had died. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal if the appellant dies and no near relative seeks leave to continue it. No relative filed such an application. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of.

Issues considered

Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

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.362 of 2003
                 ======================================================
                 Sudheshwar Ravani, Son Of Nagdeo Ravani, R/O Village- Itwa-Khairi, Police
                 Station- Kasma, District-Aurangabad.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Ms. Sakshi Deep, Advocate

                                                 Mr. Manindra Kishore Singh, Advocate

                 For the Respondent/s     :      Mrs. S.S. Verma, APP

                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   27-02-2026                         Perused the Letter No.402 dated 10.02.2026 of the

                   Deputy Superintendent of Police, Aurangabad along with the

                   Memo No. 90 of 2026 dated 09.02.2026 of the S.H.O., Kasma,

                   Aurangabad, wherein it is indicated that during enquiry it came

                   to light that the sole appellant, namely, Sudheshwar Ravani, is

                   dead.

                                2. In view of the said report 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.362 of 2003(4) dt.27-02-2026
                                                        2/2




                      continue the appeal, the Criminal Appeal stands abated and

                      disposed of.



                                                        (Sangam Kumar Sahoo, CJ)


                                                        (Nawneet Kumar Pandey, J)
guddukr/-

U      T

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