Patna High Court
RAUSHAN KEWATversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative filed an application under the applicable provision.
Summary
The appellant, Raushan Kewat, filed a criminal appeal (DB) No.494 of 2003 before the Patna High Court. While the appeal was pending, a police letter and a death certificate confirmed that the appellant had died. 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 provides that a criminal appeal is abated if the appellant dies and no near relative applies for leave to continue. Since no near relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue under Section 394 CrPC.
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.494 of 2003
======================================================
Raushan Kewat, Son of Late Deo Karan Kewat @ Deo Charan Kewat,
Resident of Village- Gowasa Shekhapura, P.S.- Pandarak, Dist.- Patna. At
present residing at Village Malbhgha Police Station Chandi in the District of
Nalanda.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chandra Sen Pd. Singh, Adv.
Mr. Rajesh Kumar Singh, Adv.
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 1909 dated 04.05.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 02.05.2026 of the Sub-Inspector of Police-cum-S.H.O.,
Pandarak Police Station as well as the Certificate of Death dated
02.05.2026 of the Sarpanch of Gram Kachhari Gowasa
Sheikhpura, Block- Pandarak, Patna; wherein it is indicated that
the sole appellant, namely, Raushan Kewat, 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
Patna High Court CR. APP (DB) No.494 of 2003(3) dt.11-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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)
shivank/-
U T
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