Patna High Court
TEJI LAL RAI and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of where all appellants are deceased and no near relative applies for leave to continue.
Summary
The appellants Teji Lal Rai, Bagar Rai and Anup Rai were reported dead by the Superintendent of Police, supported by a police report and a death certificate. The court examined whether the criminal appeal could continue in the absence of the appellants and without any near relative filing an application for leave to proceed. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if no near relative seeks its continuation. Since no such application was filed, 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
- Can a criminal appeal continue when all appellants are deceased 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
- abated appeal
- death of parties
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.775 of 2004
======================================================
1. Teji Lal Rai, Son of Kamal Ray
2. Bagar Rai, Son of Late Rutlal Ray
3. Anup Rai, Son of Late Anhoti Ray,
All Resident of Village- Baijnathpur, P.S.- Chiraiya, Dist.- East Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashutosh Kumar, Adv.
For the Respondent/s : Mr. Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 849 dated 04.05.2026 of the
Superintendent of Police, East Champaran, Motihari along with
the Report dated 03.05.2026 of the S.H.O., Chiraiya Police
Station as well as the Certificate of Death dated 03.05.2026 of
the Mukhiya of Gram Panchayat, Raj Khoda, Block- Chiraiya,
East Champaran; wherein it is indicated that all the three
appellants, namely, Teji Lal Rai, Bagar Rai and Anup Rai, are
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.775 of 2004(3) dt.11-05-2026
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)
shivank/-
U T
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