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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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