Patna High Court
NANDAN RISHIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed as the appellant is deceased and no near relative applied for leave to continue the appeal.
Summary
The appellant, Nandan Rishi, filed a criminal appeal (DB) No.751 of 2012 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police superintendent's letter, an SHO's report, and a death certificate. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal may be abated if the appellant dies and no near relative seeks leave to continue it. Since no near relative filed such an application, the Court held that the appeal stands abated. Consequently, the appeal was 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 after the death of the appellant in the absence of an application by a near relative 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.751 of 2012
Arising Out of PS. Case No.-153 Year-2006 Thana- KASBA District- Purnia
======================================================
NANDAN RISHI S/O Late Ajodhi Rishi Resident Of Village- Dansar, P.S-
Jalalgarh, District- Purnea
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajit Ranjan Kumar, Advocate
For the Respondent/s : Mrs. S.B.Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 01-05-2026 Perused the Letter No. 179 dated 09.02.2026 of the
Superintendent of Police, Purnea, along with the Report dated
07.02.2026 of the S.H.O., Jalalgarh Police Station, Purnea as
well as the Death Certificate, which was issued by the
Department of Planning and Development, Government of
Bihar; wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Nandan Rishi, 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
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.751 of 2012(7) dt.01-05-2026
2/2
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)
Neha/-
U
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