Patna High Court
AJIT KUMAR @ RANJIT PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Ajit Kumar, died during the pendency of his criminal appeal before the Patna High Court. The police submitted reports and a death certificate confirming his 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 the appellant dies and no near relative files an application to continue it. Since no relative applied for leave to continue, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks 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
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.467 of 2007
======================================================
Ajit Kumar @ Ranjit Prasad, son of Nawal Prasad, resident of Village-
Dasturpur, P.S.- Chandi, District- Nalanda
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Abhinay Raj, Advocate
For the Respondent : Mr. A.P.P. .
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the report dated 06.05.2026 of the
Superintendent of Police, Nalanda along with the report dated
30.04.2026 of the Sub-Inspector of Police-cum-S.H.O., Chandi
Police Station, Nalanda, which indicate that the sole appellant
Ajit Kumar @ Ranjit Prasad 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.467 of 2007(4) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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