Patna High Court
FUDAN PASWAN @ FUDDI PASWANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Fudan Paswan, died while his criminal appeal was pending before the Patna High Court. The court examined a police letter and report confirming his death. The issue was whether the appeal could continue in the absence of a near relative filing an application for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Can a criminal appeal continue after the death of the appellant when no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of appellant
- Section 394 CrPC
- Section 435 B.N.S.
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.416 of 1999
======================================================
Fudan Paswan @ Fuddi Paswan, Son of Late Bilat Paswan, Resident of
Village Banailipatti, P.S. Birpur, District – Supaul.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 08-05-2026 Perused the Letter No. 253 dated 12.02.2026 of the
Superintendent of Police, Supaul along with the report dated
13.02.2026 of the S.D.P.O., Birpur, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Fudan Paswan @ Fuddi Paswan, is dead.
2. In view of the said report 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.
Patna High Court CR. APP (DB) No.416 of 1999(5) dt.08-05-2026
2/2
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.