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Patna High Court

NAVAL RAMversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no relative sought leave to continue the appeal.

Summary

Naval Ram, the sole appellant in a criminal appeal (DB) No.503 of 2012, was found to be deceased during the pendency of the appeal. The court examined a letter from the Superintendent of Police and a memo from the S.H.O. confirming his death. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court noted that no near relative had applied for leave to continue the appeal. Consequently, the appeal was held to stand abated and was disposed of. The trial court records were ordered to be sent back to the trial court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased
  • Whether Section 394 CrPC (or its counterpart Section 435 B.N.S.) mandates abatement of the appeal in such circumstances

Legislation cited

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.503 of 2012
                      Arising Out of PS. Case No.-48 Year-2002 Thana- SARMERA District- Nalanda
                 ======================================================
                 NAVAL RAM S/O Rama Ram Mukhiya R/O Village - Gopalbad, Police
                 Station Sarmera, District - Nalanda

                                                                                 ... ... Appellant/s
                                                      Versus
                 THE STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Raj Kishor Prasad, Advocate
                 For the Respondent/s   :        Mr. S.Azeem, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-03-2026                    Perused the Letter No. 319 dated 11.02.2026 of the

                   Superintendent of Police, Nalanda, along with Memo No. 765 of

                   2026 dated 10.02.2026 of the S.H.O., Sarmera Police Station,

                   Nalanda, wherein it is indicated that during the enquiry it came

                   to light that the sole appellant, namely, Naval Ram, is dead.

                               2. In view of the said report and Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   and since no near relative has filed any application seeking

                   leave to continue the appeal, the Criminal Appeal stands abated

                   and is disposed of accordingly.
         Patna High Court CR. APP (DB) No.503 of 2012(4) dt.13-03-2026
                                                     2/2




                                3. Let the Trial Court Records be sent back to the

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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