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Patna High Court

BHAJAN PASWANversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant Bhajan Paswan filed a criminal appeal (DB) No.531 of 2012 against the State of Bihar. During the pendency of the appeal, the court was informed by a police letter that the sole appellant had died. 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. Since no such application was filed, the High Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal is abated upon the death of the appellant when no near relative files an application for leave to continue under Section 394 CrPC?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law
  • appellate jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.531 of 2012
                      Arising Out of PS. Case No.-122 Year-2005 Thana- HARNAUT District- Nalanda
                 ======================================================
                 BHAJAN PASWAN S/O Late Raghu Paswan R/O Village - Kichani, Police
                 Station - Harnaut, District - Nalanda

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rabindra Prasad Singh, Advocate
                 For the Respondent/s    :        Mr. Bipin Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   24-04-2026                     Perused the Letter No. 377 dated 12.02.2026 of the

                   Superintendent of Police, Nalanda along with the Report dated

                   10.02.2026 of the Police Inspector-cum-S.H.O, Harnaut Police

                   Station, Nalanda, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Bhajan Paswan, 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.531 of 2012(5) dt.24-04-2026
                                                     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)
Neha/-

U


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