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Patna High Court

HARGEN KOERI and ANR.versusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no near relative sought leave to continue the appeal.

Summary

The appellants, Hargen Koeri and Vijay Koeri, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the police informed the court that both appellants had died. 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 applies for leave 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 records to be sent back.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative files an application for leave to continue the appeal

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.453 of 2011
                 ======================================================
           1.     Hargen Koeri S/O Late Ram Bahal Koeri Resident Of Village- Ramgarh,
                  P.S.- Ramgarh, District- Kaimur Bhabua
           2.    Vijay Koeri S/O Sri Hargen Koeri Resident Of Village- Ramgarh, P.S.-
                 Ramgarh, District- Kaimur Bhabua

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Yogendra Kumar, Advocate
                 For the Respondent/s   :     Mr. Sujit Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   26-05-2026                    Perused the Letter No. 855 dated 15.05.2026 of the

                   Superintendent of Police, Kaimur (Bhabua) along with the

                   Report dated 15.05.2026 of the S.H.O, Ramgarh Police Station,

                   Kaimur, wherein it is indicated that during enquiry it came to

                   light that the appellants, namely, Hargen Koeri and Vjay Koeri,

                   are 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
         Patna High Court CR. APP (DB) No.453 of 2011(3) 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 cases.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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