Patna High Court
RAM BABU PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue it under the applicable statutory provision.
Summary
The appellant, Ram Babu Prasad, filed a criminal appeal (DB) No.543 of 1997 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. The court examined whether the appeal could continue in the absence of a filing by any near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative files an application 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.543 of 1997
======================================================
Ram Babu Prasad, Son of Baiju Lal Prasad, Resident of Village-Lakhnaur,
Police Station-Basantpur, District-Siwan.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Udit Nr. Singh, 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. 610 dated 17.05.2026 of the
Superintendent of Police, Siwan along with the report of S.H.O.,
Lakdi Nabiganj, Siwan dated 07.02.2026, wherein it is indicated
that during enquiry it came to light that the sole appellant Ram
Babu Prasad has died. Certificate of death of the appellant
issued by Mukhiya of Gram Panchayat Raj, Lakhnaura, Block-
Lakdi Nabiganj, Siwan has also been enclosed with the said
reports.
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.543 of 1997(3) dt.26-05-2026
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.