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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

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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