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Patna High Court

KEDAR NATH THAKUR @ KEDAR THAKURversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant has died and no near relative filed an application for leave to continue.

Summary

The appellant, Kedar Nath Thakur, filed a criminal appeal (DB) No.85 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate issued by the Mukhiya of Gram Panchayat. The court examined letters from the Superintendent of Police and the police inspector confirming the death. The issue before the court was whether the appeal could continue in the absence of the appellant and without any application by a near relative for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal stands abated when no near relative files such an application. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to proceed?

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.85 of 2011
                 ======================================================
                 Kedar Nath Thakur @ Kedar Thakur, S/O Late Baidyadhar Thakur Resident
                 Of Village And Post Ofice- Rangra, Police Station- Gopalpur, Rangra,
                 District- Bhagalpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Satyendra Rai, Advocate
                 For the Respondent/s   :     Mr.A.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. 314 dated 06.05.2026 of the

                   Superintendent of Police, Naugachia along with the report of

                   Police Inspector cum S.H.O., Rangra Police Station dated

                   04.05.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Kedar Nath Thakur @ Kedar

                   Thakur has died. Certificate of death of the appellant issued by

                   Mukhiya of Gram Panchayat, Rangra, Block-Rangra Chowk,

                   District-Bhagalpur 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
           Patna High Court CR. APP (DB) No.85 of 2011(3) dt.12-05-2026
                                                       2/2




                     continue the appeal, the Criminal Appeal stands abated and

                     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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