Patna High Court
AMIR LAL RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no relative applied for leave to continue the appeal.
Summary
The appellant, Amir Lal Rai, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which governs the abatement of appeals upon the death of a party. No near relative filed an application for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back. The decision underscores that an appeal cannot proceed after the death of the appellant unless a relative seeks permission to continue.
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
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure
- Section 394
- Section 435
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.408 of 2003
======================================================
Amir Lal Rai, Son of Ramanand Rai, Resident of Village-Jahangirpur, Police
Station-Sonepur, District-Saran.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Jitendra Narain Sinha, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
11 26-05-2026 Perused the Letter No. 699 dated 30.04.2026 of the
Senior Superintendent of Police, Saran along with the report of
Police Inspector cum S.H.O., Sonepur Police Station dated
30.04.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Amir Lal Rai has died. Death
certificate of the appellant issued by Department of Planning
and Development, Government of Bihar, Sonepur Gramin 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.408 of 2003(11) dt.26-05-2026
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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