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Patna High Court

BIKU JHA and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellants are deceased and no near relative filed an application for leave to continue.

Summary

The appellants, Biku Jha and Bhagwan Jha, filed a criminal appeal (No. 553 of 2001) against the State of Bihar. While hearing the appeal, the court received a police letter and a death certificate confirming that both appellants had died. Under Section 394 of the Code of Criminal Procedure (now mirrored in Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative seeks leave to continue the proceeding. No relative filed such an application. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to proceed

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.553 of 2001
                 ======================================================
                 1. Biku Jha, Son of Rameshwar Jha
                 2. Bhagwan Jha, Son of Rameshwar Jha
                 Both residents of Village- Bachwara, P.S.- Bachwara, Dist.- Begusarai.

                                                                            ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Kaushal Kumar Jha, Adv.
                 For the Respondent/s   :     Mr. Sujit Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   11-05-2026                 Perused the Letter No. 1295 dated 06.05.2026 of the

                   Superintendent of Police, Begusarai along with the Report

                   dated 02.05.2026 of the S.H.O., Bachwara Police Station as well

                   as the Certificate of Death dated 04.05.2026 of the Mukhiya of

                   Gram Panchayat, Bachwara, Block- Bachwara, Begusarai;

                   wherein it is indicated that both the appellants, namely, Biku Jha

                   and Bhagwan Jha, are dead.

                               2. In view of the said letter 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.553 of 2001(4) dt.11-05-2026
                                                        2/2




                      disposed of.

                                   3. Let the trial court record be sent back to the

                      concerned court immediately, if not required in any other cases.



                                           (Sangam Kumar Sahoo, CJ)



                                                  (Harish Kumar, J)
shivank/-

U      T


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