Patna High Court
ARJUN RAMversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue.
Summary
Arjun Ram appealed against a conviction by the State of Bihar. While the appeal was pending, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application to seek leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of criminal appeals upon the death of the appellant unless a relative applies. Since no such application was made, the Court held that the appeal stood abated and ordered it disposed. The trial court records were to be sent back to the lower court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant in the absence of an application by a near relative
- Whether Section 394 CrPC (or its counterpart Section 435 B.N.S. 2023) mandates abatement in such circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.378 of 2011
======================================================
Arjun Ram, Son Of Late Rajeshwar Ram, Resident Of Village Madhaipur,
P.S. Dalsingsarai, District-Samastipur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Jitendra Narain Sinha, Advocate
For the Respondent/s : Mr.Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 817 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report of
Police Inspector cum S.H.O., Dalsinghsarai Police Station dated
07.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Arjun Ram has died. Certificate of
death of the appellant issued by Sarpanch of Gram Kachahari,
Nagargama, Block-Dalsinghsarai, Samastipur has also been
enclosed with the said report.
2. In view of the said letters 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.378 of 2011(3) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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