Patna High Court
JIWA NAND GIRIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 of the CrPC (Section 435 of the Bharatiya Nagarik Suraksha Sanhita) due to the appellant's death and lack of a leave application.
Summary
The appellant, Jiwa Nand Giri, filed a criminal appeal which was pending when he died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which provide for abatement of proceedings upon the death of a party. Accordingly, the Court held that the appeal could not proceed without a leave application. The appeal was therefore abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal under Section 394 CrPC (or Section 435 B.N.S. 2023)?
- Whether the appeal can continue in the absence of an application for leave to continue by a near relative?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.803 of 2004
======================================================
Jiwa Nand Giri, S/o Late Basudeo Giri, R/o Village-Madhodih, P.S. -
Ujiyarpur, Dist. - Samastipur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashutosh Kumar, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 12-05-2026 Perused the Letter No. 834 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 07.05.2026 of Police Inspector-cum-S.H.O., Ujiyarpur
P.S., Samastipur as well as the certificate of death dated
07.05.2026, issued by President, Ward No. 3, Block Ujiyarpur
(Samastipur), wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Jiwa Nand Giri, is dead.
2. In view of the said letters 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.803 of 2004(4) dt.12-05-2026
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)
supratim/-
U T
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