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Patna High Court

RAM CHANDRA PRASAD GUPTA and ANR.versusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal is abated and disposed of due to the death of the appellants and the absence of any application for leave to continue.

Summary

The appellants Ram Chandra Prasad Gupta and Suresh Prasad Gupta filed a criminal appeal against the State of Bihar. While the appeal was pending, both appellants died, as confirmed by police reports and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 and Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provide for abatement of proceedings when a party dies and no relative seeks continuation. No near relative filed an application for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies and no relative applies for leave to continue the appeal under Section 394 CrPC and Section 435 B.N.S.?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.517 of 2011
                 ======================================================
           1.     Ram Chandra Prasad Gupta, S/O Late Dwarika Prasad, Resident Of Village-
                  Shiv Ganj, Narkatiaganj, P.S- Shikarpur, P.O- Narkatiaganj, District- West
                  Champaran.
           2.    Suresh Prasad Gupta, S/O Sh. Ram Chandra Pd. Gupta, Resident Of Village-
                 Shiv Ganj, Narkatiaganj, P.S- Shikarpur, P.O- Narkatiaganj, District- West
                 Champaran.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Sumant Singh, Adv.
                 For the Respondent/s   :     Mr. A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                 Perused the Letter No. 661 dated 05.05.2026 of the

                   Superintendent of Police, West Champaran, Bettiah, along with

                   the report dated 05.05.2026 of Police Inspector-cum- Additional

                   S.H.O.- Shikarpur P.S., as well as the certificate of death issued

                   on 05.05.2026, issued by Councillor, Ward No. 07, Nagar

                   Parishad Narkatiaganj, West Champaran, wherein it is indicated

                   that during enquiry it came to light that both the appellants,

                   namely, Ram Chandra Prasad Gupta and Suresh Prasad Gupta,

                   are dead.

                               2. In view of the said letters as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to
             Patna High Court CR. APP (DB) No.517 of 2011(3) dt.13-05-2026
                                                         2/2




                       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.

                                    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)
supratim/-

U      T


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