Patna High Court
JUGAL RAVIDASversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (now Sec.435 B.N.S. 2023) because the appellant is dead and no relative sought its continuation.
Summary
Jugal Ravidas filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the police discovered that the appellant had died, and a death certificate was produced. No near relative filed an application for leave to continue the appeal. 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 that an appeal abates if the appellant dies and no relative seeks its continuation. Accordingly, the Court held that the appeal stands abated and ordered its disposal. The trial court record was to be sent back to the lower court.
Issues considered
- Whether a criminal appeal must be abated when the appellant is deceased and no near relative applies for leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.84 of 2000
======================================================
Jugal Ravidas, Son of Late Bishnu Ravidash, Resident of Village-
Ekangardih, P.S.- Ekengarsarai, District- Nalanda.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anjani Kumar, Advocate
For the Respondent/s : Mr.Satya Narayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 05-05-2026 Perused the Letter No. 967 dated 28.04.2026 of the
Superintendent of Police, Nalanda along with the report dated
26.04.2026 of the Sub-inspector, Akangarsarai, P.S. Nalanda,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Judgal Ravidas, is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said report 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.84 of 2000(4) dt.05-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
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