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Patna High Court

RAJ KESHWAR RAIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) because the appellant is deceased and no relative sought its continuation.

Summary

The appellant, Raj Keshwar Rai, filed a criminal appeal (DB) No.842 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter, an investigation report, and a death certificate. 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 on the death of the appellant if no relative seeks its continuation. Accordingly, the Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • Criminal Appeal
  • Abatement
  • Death of Appellant
  • CrPC Section 394
  • Procedural Law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.842 of 2011
                 ======================================================
                 Raj Keshwar Rai, S/o Sri Kameshwar Rai, R/o Vill- Chakiya Semara, P.S-
                 Barhara, Dist.-Bhojpur

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Md.Imteyaz Ahmad, Adv.
                 For the Respondent/s   :     Mr. S.B.Verma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                   Perused the Letter No. 1251 dated 10.05.2026 of the

                   Superintendent of Police, Bhojpur, Ara, along with the report

                   dated 10.05.2026 of A.S.I., Dabura P.S., Bhojpur, as well as the

                   certificate of death issued on 10.05.2026, issued by Sarpanch,

                   Gram Kutchery Bishunpur, Barhara, Bhojpur, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Raj Keshwar Rai, 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.842 of 2011(4) dt.13-05-2026
                                                         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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