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Patna High Court

RAJENDER RAIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of as per Section 394 of the Code of Criminal Procedure, 1973.

Summary

The appellant, Rajender Rai, filed a criminal appeal (DB) No.840 of 2010 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. 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 near relative applies for leave to continue. No application was filed by any near relative seeking to pursue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC.

Legislation cited

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.840 of 2010
                 ======================================================
                 Rajender Rai, Son of Jittu Rai, Resident of Village-Malipur, Police Station-
                 Kalyanpur, District-Samastipur.

                                                                           ... ... Appellant/s
                                                   Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Amitabh Bhardwaj, Advocate
                 For the Respondent/s   :      Mr.D.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   12-05-2026                 Perused the Letter No. 807 dated 09.05.2026 of the

                   Superintendent of Police, Samastipur along with the report of

                   Police Inspector cum S.H.O., Kalyanpur, Samastipur dated

                   07.05.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Rajender Rai has died. Certificate

                   of death of the appellant issued by Sarpanch of Gram Panchayat

                   Raj, Simariya Bhindi, Block-Kalyanpur, District-Samastipur

                   has also been enclosed with the said report.

                               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
           Patna High Court CR. APP (DB) No.840 of 2010(3) dt.12-05-2026
                                                       2/2




                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


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