Patna High Court
JOKHAN TIWARIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of any application by a near relative.
Summary
The appellant, Jokhan Tiwari, died during the pendency of his criminal appeal. The court received a death certificate and a report from the Superintendent of Police confirming the death. No near relative filed an application for leave to continue the appeal. 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 the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
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.601 of 2006
======================================================
Jokhan Tiwari, Son of Late Ram Kishun Tiwari, Resident of Village-Bhaluan,
Police Station-Karamchatt, District-Kaimur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Manish Kumar, Advocate
Mr. Bhaskar Shankar, Advocate
Mr. Anirudh Mishra, Advocate
For the State : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 15-05-2026 Perused the Letter No. 781 dated 09.05.2026 of the
Superintendent of Police, Kaimur, Bhabhua along with the
report of S.H.O., Karamchat Police Station, Kaimur, Bhabhua
dated 06.05.2026, wherein it is indicated that during enquiry it
came to light that the sole appellant Jokhan Tiwari has died.
Certificate of death of the appellant issued by Sarpanch of Gram
Kachahari-Jalalpur, Block-Rampur, District-Kaimur has also
been enclosed with the said report.
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
Patna High Court CR. APP (DB) No.601 of 2006(9) dt.15-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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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