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
- Bharatiya 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.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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.