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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

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


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