Patna High Court
RAM PRASAD BHAGAT @ PATLUKWAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death and the absence of any application by a near relative.
Summary
The appellant, Ram Prasad Bhagat, died during the pendency of Criminal Appeal No. 542 of 2000 before the Patna High Court. The court examined a letter from the Superintendent of Police and a police report confirming the death. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court noted that no near relative had applied for leave to continue the appeal. Consequently, the court held that the appeal could not proceed and was abated. The appeal was therefore disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no relative files an application for leave to continue the appeal
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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.542 of 2000
======================================================
Ram Prasad Bhagat @ Patlukwa, Son of Babujee Bhagat, Resident of Village-
Salempur, Police Station-Bisfi, District-Madhubani.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Md. Imteyaz Ahmad, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the Letter No. 401 dated 03.05.2026 of the
Superintendent of Police, Madhubani along with the report of
Bisfi Police Station, Madhubani dated 02.05.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Ram Prasad Bhagat @ Patlukwa has died.
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
disposed of.
Patna High Court CR. APP (DB) No.542 of 2000(3) dt.26-05-2026
2/2
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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