Patna High Court
MUNNA PASWANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative filed an application for leave to continue, pursuant to Section 394 CrPC (Section 435 BNSS 2023).
Summary
Munna Paswan filed a criminal appeal (DB) No.88 of 2007 against the State of Bihar. During the pendency of the appeal, the appellant was found to have died, as evidenced by a death certificate annexed to a police report. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal when the appellant is deceased and no near relative seeks its continuation. No relative filed an application for leave to continue the appeal. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no near relative applies for its continuation
Legislation cited
- Bhartiya 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.88 of 2007
======================================================
Munna Paswan, S/o Late Saryug Paswan, R/o-Village-Kolhu Ara, P.S.
Kalyanpur, District-Samastipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amit Kumar Rakesh, Adv.
For the Respondent/s : Mr. 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. 716 dated 07.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 07.05.2026 of Police Inspector-cum-S.H.O. Kalyanpur,
Samastipur, wherein it is indicated that during enquiry, it came
to light that the sole appellant, namely, Munna Paswan, is dead
and the death certificate of the appellant is annexed with the
said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.88 of 2007(3) dt.12-05-2026
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)
rohit/-
U T
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