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Patna High Court

BISHWAMBHAR RAJWARversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant died and no near relative filed an application to continue it.

Summary

The appellant, Bishwambhar Rajwar, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which govern the abatement of criminal proceedings upon the death of the accused. Since no near relative applied for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant.
  • Whether Section 394 CrPC (or its equivalent Section 435 B.N.S. 2023) mandates abatement of the appeal in the absence of an application by a near relative.

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.632 of 2005
                 ======================================================
                 Bishwambhar Rajwar, S/o Ram Janam Rajwar, R/o Village-Durgapur, P.S.-
                 Sasaram, Dist.-Rohtas

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Narendra Kumar, 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)

7   12-05-2026                   Perused the Letter No. 653 dated 10.03.2026 of the

                   Deputy Superintendent of Police, Aurangabad along with the

                   report dated 23.02.2026 of the Superintendent of Police, Rohtas

                   as well as the report dated 19.02.2026 of S.H.O., Karwandia

                   P.S.alongwith the certificate of death dated 18.02.2026, issued

                   by Ward Councillor, ward No. 33, Karwandia, Sasaram, Rohtas

                   (Bihar), wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Bishwambhar Rajwar, is

                   dead.

                               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
             Patna High Court CR. APP (DB) No.632 of 2005(7) 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)
supratim/-

U      T


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