Patna High Court
KRISHNA PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a near relative.
Summary
The appellant Krishna Prasad filed a criminal appeal against the State of Bihar. During the pendency of the appeal, it was discovered that the appellant had died, as evidenced by a death certificate dated 30-09-2020. The Superintendent of Police and the SHO submitted reports confirming the death. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal could not proceed and therefore abated and was disposed of. The trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.470 of 2006
======================================================
Krishna Prasad son of Late Ramswaroop Prasad, Resident of village-Harpur,
Police Station-Chandi, District-Nalanda.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajeev Kumar, Advocate
For the State : Mr. Bipin Kumar, APP
For the Informant : Mr. Bajrangi Lal, Advocate
Mr. Aman Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 06-05-2026 Perused the Letter No. 353 dated12.02.2026 of the
Superintendent of Police, Nalanda along with the report of
SHO, Chandi Police Station dated 05.02.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Krishna Prasad, has died. Death certificate of the
appellant dated 30.09.2020 issued by the Department of
Planning and Development, Gram Panchayat Rukhai,
Government of Bihar, has also been enclosed with the said
report.
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,
Patna High Court CR. APP (DB) No.470 of 2006(3) dt.06-05-2026
2/2
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 records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
guddukr/-
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