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Patna High Court

KOLHA PUJHARversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.

Summary

The appellant, Kolha Pujhar, died during the pendency of his criminal appeal before the Patna High Court. The court examined a letter from the Superintendent of Police and a police report confirming the appellant's death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased
  • Whether the filing of an application by a near relative is a prerequisite for continuation of the appeal under Section 394 CrPC

Legislation cited

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.416 of 2005
                 ======================================================
                 Kolha Pujhar, Son of Late Chetu Pujhar, resident of Village-Borwa, P.S.-
                 Jhajha, District-Jamui.


                                                                           ... ... Appellant/s
                                                  Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Arun Kumar Tripathy, Advocate
                 For the Respondent/s   :     Mr. Bipin Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   07-05-2026                     Perused the Letter No. 241 dated 25.03.2026 of the

                   Superintendent of Police, Jamui along with the Report dated

                   24.03.2026 of the Police Inspector-cum-S.H.O, Jhajha Police

                   Station, Jamui, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Kolha Pujhar, is

                   dead.

                               2. In view of the said letter 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 2005(5) dt.07-05-2026
                                                     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)
Neha/-

U


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