Patna High Court
Ram Naresh Paswan @ Naresh Paswan and AnrversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellants are deceased and no near relative applied for leave to continue.
Summary
The appeal filed by Ram Naresh Paswan and Ras Bihari Paswan against a conviction of the State of Bihar was pending when both appellants were reported dead. The court examined a police letter and report confirming their deaths. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue. No relative filed such an application. Consequently, the High Court held that the criminal appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative seeks leave to continue the appeal under Section 394 CrPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.850 of 2014
Arising Out of PS. Case No.-56 Year-1999 Thana- BELA District- Sitamarhi
======================================================
1. Ram Naresh Paswan @ Naresh Paswan and Anr Son of Late Dasharath
Paswan
2. Ras Bihari Paswan Son of Late Raghunath Paswan Both residents of
Village-Gorhari, P.S.-Bela, District-Sitamarhi.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Javed Aslam, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
14 12-05-2026 Perused the Letter No. 333 dated 04.05.2026 of the
Superintendent of Police, Sitamarhi along with the Report dated
01.05.2026 of the S.H.O, Bela Police Station, Sitamarhi,
wherein it is indicated that during enquiry it came to light that
both the appellants, namely, Ram Naresh Paswan @ Naresh
Paswan and Ras Bihari Paswan, are dead.
2. In view of the said letter 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.850 of 2014(14) dt.12-05-2026
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disposed of.
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)
Neha/-
U
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