Patna High Court
JAI KISHORE OJHAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Jai Kishore Ojha, filed a criminal appeal (DB) No.625 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate issued by the Mukhiya of the Gram Panchayat. The court examined the Superintendent of Police's letter and the police report indicating the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application for leave to continue it. Since no such application was filed, the court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure
- Section 394 CrPC
- Section 435 B.N.S. 2023
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.625 of 2006
======================================================
Jai Kishore Ojha son of Late Sudarshan Ojha, Resident of Village-Mahila,
Police Station-Itarhi, District-Buxar.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dwivedy Surendra, Advocate
Mr. Shivam, Advocate
For the State : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 05-05-2026 Perused the Letter No. 463 dated 24.04.2026 of the
Superintendent of Police, Buxar along with the report of Police
Sub Inspector, Itarhi Police Station dated 23.04.2026, wherein it
is indicated that during enquiry it came to light that the sole
appellant Jai Kishore Ojha, has died. Certificate of death issued
by Mukhiya of Gram Panchayat Basudhar, Block-Itarhi, District
Buxar has also been enclosed with the said report.
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,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.625 of 2006(6) dt.05-05-2026
2/2
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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