Patna High Court
Teras RamversusThe State Of Bihar and Ors
- Decided
- Disposal
- ABATED
Holding
The criminal appeal is abated and disposed of due to the appellant's death and the absence of any application by a near relative.
Summary
The appellant, Teras Ram, filed a criminal appeal against the State of Bihar and several co-accused. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party unless a near relative applies to continue. No near relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- The appeal can continue after the death of the appellant without 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.373 of 2015
Arising Out of PS. Case No.-517 Year-1998 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Teras Ram Son of Late Ram Raj Ram. Resident of Village - Sherpur, P.S.-
Chapra Muffasil, Distt.- Saran.
... ... Appellant/s
Versus
1. The State Of Bihar and Ors
2. Abhay Singh. S/o Shivji Singh.
3. Ashok Singh. S/o Shivji Singh.
4. Om Prakash Singh. S/o Ramcharitra Singh.
5. Madan Singh. S/o not known.
6. Nand Singh. S/o Gopal Singh.
7. Dilip Singh. S/o Ganesh Singh.
8. Babloo Singh. S/o not known. All resident of village - Sherpur, P.S.- Chapra
Muffasil, District - Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shakil Ahmad Khan, Advocate
For the Respondent/s : Mr. Bipin Kumar, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 24-04-2026 Perused the Letter No. 353 dated 17.02.2026 of the
Senior Superintendent of Police, Saran, along with the Report
dated 16.02.2026 of the Sub Inspector of Police, Muffasil Police
Station, Saran 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, Teras Ram, is dead.
Patna High Court CR. APP (DB) No.373 of 2015(3) dt.24-04-2026
2/2
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
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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