Patna High Court
HARMUNI RAJBANSHIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative sought leave to continue the appeal.
Summary
The appellant, Harmuni Rajbanshi, filed a criminal appeal (DB) No.537 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate issued by the Mukhiya of Gram Panchayat. The court examined the police letters confirming the death and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, with the trial court records to be returned to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
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
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.537 of 2008
======================================================
Harmuni Rajbanshi, Son of Late Shankar Rajbanshi, Resident of Village-
Khanpur, Police Station-Wazirganj, District-Gaya.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajani Kant Singh, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 12-05-2026 Perused the Letter No. 1394 dated 08.05.2026 of the
Senior Superintendent of Police, Gaya along with the report of
S.H.O., Wazirganj Police Station, Gaya dated 04.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Harmuni Rajbanshi has died. Certificate of
death of the appellant issued by Mukhiya of Gram Panchayat,
Bichha, Block-Wazirganj, Gaya has also been enclosed with the
said report.
2. In view of the said letters 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.537 of 2008(6) dt.12-05-2026
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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