Patna High Court
JOMI DUSADH and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates and is disposed of upon the death of the appellant unless a near relative files an application for leave to continue the appeal.
Summary
The appellants Jomi Dusadh, Babsi Dusadh, Ramjee Chamar and Nanhak Chamar filed a criminal appeal (DB) No.381 of 2003 against the State of Bihar. During the pendency of the appeal, the Superintendent of Police submitted a report confirming that all four appellants had died, with death certificates attached. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which stipulate that an appeal abates upon the death of the appellant unless a near relative applies for leave to continue. No such application was filed by any near relative of the deceased appellants. Consequently, the Court held that the appeal could not proceed and ordered it to be abated and disposed of, directing the trial court record to be sent back to the concerned court.
Issues considered
- Does the death of all appellants automatically abate a criminal appeal under Section 394 CrPC (now Section 435 B.N.S. 2023)?
- Is an application by a near relative required to seek leave to continue the appeal after the appellant's death?
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
- Section 435 B.N.S. 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.381 of 2003
======================================================
1. Jomi Dusadh
2. Babuni Dusadh, both sons of Late Ram Bilash Dusadh, all resident of
village- Dharmagatpur, Post- Kumsumrha, P.S. Bikramganj, District- Rohtas.
3. Ramjee Chamar @ Ramjee Ram, Son of Late Pati Chamar, Resident of
Village- Dabaria, Post- Surajpura, P.S. Dawath, District- Rohtas.
4. Nanhak Chamar @ Nanhak Ram, Son of Late Rajpati Ram, Resident of
Village- Kusumrha, Post- Kusumrha, P.S.- Bikramganj, District- Rohtas.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Arvind Kumar, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 856 dated 03.05.2026 of
the Superintendent of Police, Rohtas along with the report dated
01.05.2026 of the Additional Sub-Inspector of Police, Suryapur
P.S., Rohtas, wherein it is indicated that during enquiry it came
to light that all the four appellants, namely, Jomi Dusadh,
Babuni Dusadh, Ramjee Chamar @ Ramjee Ram and Nanhak
Chamar @ Nanhak Ram, are dead and the death certificates of
the appellants are annexed with the said report.
2. In view of the said report as also section 394 of the
Patna High Court CR. APP (DB) No.381 of 2003(3) dt.08-05-2026
2/2
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)
guddukr/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.