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Patna High Court

SRI RAM YADAV @ SRI RAM SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as per Section 394 CrPC/Section 435 BNS Sanhita because the appellants are dead and no relative has applied for leave to continue.

Summary

The appellants Chirkut Rai, Laxamn Rai, Somaru Rai and Ram Bachan Rai filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police investigation revealed that all the appellants had died, and death certificates were produced. No near relative filed an application for leave to continue the appeal. The Court applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant is dead and no relative seeks continuation. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when all appellants are deceased and no near relative applies for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNS Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.615 of 2007
                 ======================================================
                 1. Chirkut Rai @ Chirkut Bhar, S/o Late Jaaga Bhar @ Jaga Rai.
                 2. Laxamn Rai, S/o Late Jaaga Bhar @ Jaga Rai.
                 3. Somaru Rai, S/o Late Jaaga Bhar @ Jaga Rai.
                 4. Ram Bachan Rai, S/o Late Jaaga Bhar @ Jaga Rai.
                 All residents of village-Bhurawa, Police Station Dinara, District-Rohtas at
                 Sasaram.

                                                                           ... ... Appellant/s
                                                   Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ambuj Nayan Chaubey, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   12-05-2026                 Perused the Letter No. 982 dated 07.05.2026 of the

                   Superintendent of Police, Rohtas along with the report dated

                   05.05.2026 of Police Inspector-cum-S.H.O. Dinara P.S.,

                   wherein it is indicated that during enquiry, it came to light that

                   the appellants, namely, Chirkut Rai @ Chirkut Bhar, Laxamn

                   Rai, Somaru Rai and Ram Bachan Rai are dead and the death

                   certificate of the appellants 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 Bhartiya Nagarik Suraksha Sanhita, 2023,

                   since no near relative has filed any application for leave to
              Patna High Court CR. APP (DB) No.615 of 2007(3) dt.12-05-2026
                                                          2/2




                        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)
rohit/-

U         T


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