Patna High Court
RAGHU PASWANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because no near relative applied for leave to continue it after the appellant's death.
Summary
The appellant, Raghu Paswan, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which requires a near relative to apply for leave to continue an appeal after the appellant's death. No such application was filed by any relative. Consequently, the court held that the appeal could not proceed and ordered it to be abated and disposed of. The trial court record was directed to be sent back to the lower court.
Issues considered
- Can a criminal appeal continue after the death of the appellant when no near relative files an application for leave to continue the appeal under Section 394 CrPC?
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.576 of 2007
======================================================
Raghu Paswan, son of Sri Lakeshwar Paswan, resident of Village- Rampur
Khurd, P.S. Sahebganj, District- Muzaffarpur
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Ajay, Advocate
For the Respondent : Mr. Choudhary Shyam Nandan, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 13-05-2026 Perused the report dated 10.05.2026 of the Senior
Superintendent of Police, Muzaffarpur along with the report
dated 10.05.2026 of the Assistant Sub-Inspector of Police-cum-
S.H.O., Sahebganj Police Station, Muzaffarpur, which indicate
that the sole appellant Raghu Paswan is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said reports 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.576 of 2007(7) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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