Patna High Court
Pappu KumarversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed as the appellant is dead and no near relative has applied for leave to continue the appeal.
Summary
The appellant, Pappu Kumar, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police and local authorities informed the court that the appellant had died. 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 a party dies and no near relative seeks leave to continue. Since no near relative filed an application for leave to proceed, the court held that the appeal could not continue. Consequently, the appeal was abated and disposed, 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 is deceased and no near relative applies for leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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.682 of 2013
Arising Out of PS. Case No.-228 Year-2004 Thana- PHULWARISHARIF District- Patna
======================================================
Pappu Kumar S/O Sitaram Singh Resident Of Village- Jaganpura, Police
Station- Srikrishna Nagar, District- Patna
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Dr. Rajesh Kumar Singh, Adv.
For the Respondent/s : Mr. S.C. Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 17-04-2026 Perused the Letter No. 679 dated 27.02.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 26.02.2026 of Inspector of Police cum S.H.O., Ram
Krishna Nagar Police Station, Patna and the the Letter dated
26.02.2026 of the Councillor of Ward No. 32 of Ashok Nagar,
Road No. 7(Last), Nawratnapur, Patna; wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Pappu Kumar, is dead.
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
Patna High Court CR. APP (DB) No.682 of 2013(3) dt.17-04-2026
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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