Patna High Court
RAKESH KUMAR ROYversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no application for leave to continue was filed after the appellant's death.
Summary
The appellant, Rakesh Kumar Roy, died during the pendency of Criminal Appeal No.559 of 2008. The police submitted a death certificate confirming his demise. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue the appeal under Sec. 394 CrPC?
Legislation cited
- Bhartiya 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.559 of 2008
======================================================
RAKESH KUMAR ROY, S/o Late Chandradeo Roy, R/o Vill. Pakra, P.S.
Naugachia, District Bhagalpur
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Kumar Thakur
For the Respondent/s : Mr. G.P. Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 277 dated 03.05.2026 of the
Superintendent of Police, Naugachhia, Bhagalpur along with the
report dated 03.05.2026 of the Police Inspector-cum-S.H.O.,
Naugachhia P.S., wherein it is indicated that during enquiry, it
came to light that the sole appellant, namely, Rakesh Kumar
Roy, is dead and the death certificate of the appellant is annexed
with the said report.
2. In view of the said report as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.559 of 2008(4) dt.08-05-2026
2/2
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)
shailendra/-
U T
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