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Patna High Court

RANJIT RAIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue.

Summary

The appellant, Ranjit Rai, filed a criminal appeal (DB) No.850 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced 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 is abated if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the lower court for any further necessary action.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks 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.850 of 2004
                 ======================================================
                 Ranjit Rai, Son of Akal Rai @ Ram Sakal Rai, Resident of Village-Kasi
                 Khwajpur, P.S. Baligaon, District- Vaishali

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ashutosh Kumar, Adv.
                 For the Respondent/s   :     Mr. Bipin Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   14-05-2026                    Perused the Letter No. 164 dated 10.02.2026 of the

                   Superintendent of Police, Vaishali along with the Report dated

                   08.02.2026 of S.H.O., Baligaon P.S., Vaishali as well as Death

                   Certificate dated 01.02.2022 issued by the Patna Municipal

                   Corporation, wherein it is indicated that the sole appellant,

                   namely, Ranjit 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.850 of 2004(4) dt.14-05-2026
                                                       2/2




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



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
Anjani/-

U      T


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