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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

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


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