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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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