Patna High Court
JHINGAN DARHIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of because the appellant is deceased and no near relative sought leave to continue.
Summary
The appellant, Jhingan Darhi, filed a criminal appeal (DB) No.635 of 2002 before the Patna High Court. During the pendency of the appeal, the police investigation revealed that the appellant had died, and a death certificate was attached to the report. 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 near relative seeks leave to continue. Since no relative filed such an application, 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 concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- procedural law
- section 394 CrPC
- section 435 Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.635 of 2002
======================================================
JHINGAN DARHI, Son of Kishun Darhi, Resident of village- Bhadausi, P.s.
Korama (Seikhpura), District- Seikhpura
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashwani Kumar Sinha, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 05-05-2026 Perused the Letter No. 249 dated 23.04.2026 of the
Superintendent of Police, Sheikhpura along with the report
dated 21.04.2026 of the Police Inspector-cum-S.H.O., Korma
P.S., wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Jhingan Darhi, is dead and the
death certificate of the appellant is annexed with the said report.
2. In view of the said report 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.
Patna High Court CR. APP (DB) No.635 of 2002(3) dt.05-05-2026
2/2
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)
guddukr/-
U T
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