Patna High Court
Ramu RajwarversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue under Section 394 CrPC (or Section 435 B.N.S. 2023).
Summary
The appellant, Ramu Rajwar, filed a criminal appeal (DB) No.796 of 2014 before the Patna High Court. During the pendency of the appeal, the court received a police letter confirming that the appellant had died. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal if the appellant dies and no near relative applies for 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 lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal?
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.796 of 2014
Arising Out of PS. Case No.-9 Year-2006 Thana- IMADPUR District- Bhojpur
======================================================
Ramu Rajwar, S/o Late Lalan Rajwar, R/o Village-Bihta, Post Office-Bihta,
P.S. Imadpur, District-Bhojpur, Ara.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Parijat Saurav, Adv.
For the Respondent/s : Mr. A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 17-04-2026 Perused the Letter No. 245 dated 15.02.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 07.02.2026 of S.H.O, Imadpur Police Station, wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Ramu Rajwar, 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
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.796 of 2014(5) dt.17-04-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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