Patna High Court
JANKI RAMversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application for leave to continue.
Summary
The appellant, Janki Ram, filed a criminal appeal (DB) No.47 of 2011 before the Patna High Court. During the pendency of the appeal, the police reported that the appellant 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 the appellant is deceased and no near relative files an application 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 is deceased and no near relative applies for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.47 of 2011
======================================================
Janki Ram son of Mahadev Ram, resident of village Rasolpur, P.S. Hayaghat,
District – Darbhanga.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nawal Kishor Prasad, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 26-05-2026 Perused the Letter No. 678 dated 11.05.2026 of the
Senior Superintendent of Police, Darbhanga along with the
Report dated 09.05.2026 of the Police Inspector-cum-S.H.O,
Hayaghat Police Station, Darbhanga, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Janki Ram, is 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
disposed of.
Patna High Court CR. APP (DB) No.47 of 2011(5) dt.26-05-2026
2/2
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.