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
- 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.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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