Patna High Court
RAMA SHANKAR HARIJAN and ORSversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no party is available to pursue it and no application for leave has been filed.
Summary
The appellants Rama Shankar Harijan, Bijaymal Harijan and Jaleshwar Gorh were found to be deceased during the pendency of their criminal appeal against the State of Bihar. The Court examined a letter and report confirming their deaths and noted that no near relative had 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 declared abated and disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- Can a criminal appeal continue when all appellants are deceased and no relative seeks leave to proceed under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.609 of 2009
======================================================
1. Rama Shankar Harijan, son of Late Rajman Harijan,
2. Bijaymal Harijan, son of Pitamber Harijan,
3. Jaleshwar Gorh @ Jaleshwar Gond son of Late Ghuri Gond
All are resident of Village-Bhagwanpur, P.S.-Guthani, District-Siwan.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kishan Chandra, Advocate
Mr. Rakesh Kumar Ranjan, Advocate
For the Respondent/s : Mr. G.P.Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 01-05-2026 Perused the Letter No. 116 dated 07.02.2026 of the
Superintendent of Police, Siwan, along with the Report dated
07.02.2026 of the S.H.O., Guthani Police Station, Siwan as well
as the Death Certificates, which were issued by the Department
of Planning and Development, Government of Bihar; wherein it
is indicated that during enquiry it came to light that the
appellants, namely, Rama Shankar Harijan, Bijaymal Harijan
and Jaleshwar Gorh @ Jaleshwar Gond, 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,
Patna High Court CR. APP (DB) No.609 of 2009(4) dt.01-05-2026
2/2
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
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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