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Patna High Court

UMESH GIRIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 Bharatiya Nagarik Suraksha Sanhita, 2023).

Summary

The appellant, Umesh Giri, filed a criminal appeal (DB) No.506 of 1997 before the Patna High Court. During the pendency of the appeal, the court received a police report and a death certificate confirming that the appellant had died on 27 November 2021. 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 dies and no near relative applies for leave to continue it. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue the appeal?

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.506 of 1997
                 ======================================================
                 Umesh Giri, Son of Rajendra Giri, Resident of Village- Bishunpur Kesho,
                 P.S.- Minapur, Dist.- Muzaffarpur.

                                                                              ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Suresh Chandra Giri, Adv.
                 For the Respondent/s   :     Mr. Sujit Kumar Singh, APP.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                 Perused the Report No. 708 dated 05.05.2026 of the

                   Senior Superintendent of Police, Muzaffarpur along with the

                   Report dated 04.05.2026 of the O.P. In-charge, Panapur O.P.,

                   Muzaffarpur as well as the Death Certificate dated 27.11.2021

                   issued by the Department of Planning and Development,

                   Government of Bihar; wherein it is indicated that the sole

                   appellant, namely, Umesh Giri, 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.506 of 1997(4) dt.13-05-2026
                                                        2/2




                                   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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