Patna High Court
RAJENDRA GORversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue, per Section 394 CrPC/Section 435 BNS Act.
Summary
The appellant, Rajendra Gor, filed a criminal appeal which was pending when he died, as evidenced by a police letter and a death certificate. The question before the Patna High Court was whether the appeal could continue in the absence of any application by a near relative for leave to proceed. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal if the appellant dies and no relative seeks continuation. Since no such application was filed, the Court held that the appeal must be abated. Consequently, the criminal appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant if no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.488 of 2005
======================================================
Rajendra Gor, Son of Ishwari Gor, Resident of Village-Bhatbalia, Police
Station-Buxar, Industrial Area, District-Buxar.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Narendra Kumar, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 06-05-2026 Perused the Letter No. 468 dated 24.04.2026 of the
Superintendent of Police, Buxar, along with the Report dated
22.04.2026 of the Sub-Inspector of Police-cum-S.H.O.,
Industrial Area Police Station, Buxar as well as the Death
Certificate, which was issued by the Department of Planning
and Development, Government of Bihar; wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Rajendra Gor, 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
Patna High Court CR. APP (DB) No.488 of 2005(7) dt.06-05-2026
2/2
disposed of.
3. Let the trial court record 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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