Patna High Court
GAJADHAR PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of due to the appellant's death without any application for leave to continue.
Summary
The appellant, Gajadhar Prasad, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal after his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no application is made. Accordingly, the Court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the lower court.
Issues considered
- What is the effect of the appellant's death on a pending criminal appeal when no relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.616 of 2005
======================================================
Gajadhar Prasad, Son of Late Shambhu Mahto, Resident of Village-Derma,
Police Station-Akbarpur in the district of Nawada.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Tej Narayan Singh, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 26-05-2026 Perused the Letter No. 550 dated 17.05.2026 of the
Superintendent of Police, Nawada along with the report of
S.H.O., Nemdarganj Police Station, Nawada dated 03.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Gajadhar Prasad has died and the death
certificate of the appellant is annexed 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
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court records be sent back to the
Patna High Court CR. APP (DB) No.616 of 2005(6) dt.26-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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