Patna High Court
SONU RAMversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue the appeal after the appellant's death.
Summary
The appellant, Sonu Ram, filed a criminal appeal (DB) No.515 of 2012 arising from a 2007 case. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. The court examined whether the appeal could continue in the absence of any application by a near relative to seek leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal abates if no relative files such an application. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.515 of 2012
Arising Out of PS. Case No.-155 Year-2007 Thana- JAMALPUR District- Munger
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Sonu Ram, S/o Late Kamo Ram @ Kamleshwari Ram, R/o Village - Rampur,
Police Station-Jamalpur, District - Munger
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjiv Kumar Singh, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 07-05-2026 Perused the Letter No. 169 dated 12.02.2026 of the
Superintendent of Police, Munger along with the report of Sub
Inspector of Police cum S.H.O., Jamalpur Police Station dated
08.02.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Sonu Ram has died. Certificate of
death issued by Ward Councillor, Nagar Parishad, Jamalpur,
Ward No. 9 has also been enclosed with the said report.
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.515 of 2012(5) dt.07-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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