Patna High Court
KARU @ INDRAJEET KUMARversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative filed an application for leave to continue.
Summary
The appellant, Karu @ Indrajeet Kumar, died during the pendency of his criminal appeal. The court examined police and local reports confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative files an application to continue it. Since no relative applied for leave to proceed, the court held that the appeal could not continue. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal
Legislation cited
- Bhartiya 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.406 of 2001
======================================================
Karu @ Indrajeet Kumar S/o Ram Lakhan Ram, R/o Mohalla Bairagi, P.S.
Delha, District-Gaya.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar 2, Adv.
For the Respondent/s : Mr. Abhay Shankar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 1106 dated 29.04.2026 of the
Sr. Superintendent of Police, Gaya along with the report dated
28.04.2026 of S.H.O. P.S., Delha, as well as the report of Ward
Councillor, dated 28.04.2026, wherein it is indicated that during
enquiry, it came to light that the sole appellant, namely, Karu @
Indrajeet Kumar, is dead.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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
Patna High Court CR. APP (DB) No.406 of 2001(3) dt.11-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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