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Patna High Court

LALLU PASWANversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of under the applicable statutory provision.

Summary

The appellant, Lallu Paswan, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was produced by the police. No near relative filed an application to continue the appeal. The Court examined the reports and applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates on the death of the appellant if no one seeks its continuation. Consequently, the Court ordered that the appeal stand abated and be disposed of, and directed the trial court record to be sent back to the lower court.

Issues considered

  • What is the effect of the appellant's death on a pending criminal appeal when no relative seeks to continue it?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC
  • BNSS 2023
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.46 of 2010
                 ======================================================
                 Lallu Paswan, S/O Late Amerika Paswan, R/O Vill.-Pairan,P.S.-Simara, Dist.-
                 Aurangabad (Bihar).

                                                                               ... ... Appellant
                                                   Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Dr. Leelawati Kumari, Advocate
                 For the Respondent/s   :     Mr.G.P.Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   08-05-2026                   Perused the report dated 02.05.2026 of the Deputy

                   Superintendent of Police, Aurangabad along with the report

                   dated 30.04.2026 of the Sub-Inspector of Police-cum-S.H.O.,

                   Simara Police Station, Aurangabad, which indicate that the sole

                   appellant Lallu Paswan is dead and the death certificate of the

                   appellant is annexed with the said report.

                               2. In view of the said reports 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.46 of 2010(5) dt.08-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U


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