Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.