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Patna High Court

Golta @ Dhirendra Thakur @ Golha ThakurversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal abated and was disposed of because the appellant died and no near relative applied for leave to continue the appeal under the applicable statutory provision.

Summary

The appellant, Golta @ Dhirendra Thakur, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. The appellant’s counsel sought no further relief, and 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 upon the death of the appellant unless a relative applies for leave. Since no such application was made, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered 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 files an application for leave under Section 394 CrPC (or Section 435 BNSS).

Legislation cited

Subjects

  • Criminal Appeal
  • Abatement
  • Death of Appellant
  • Section 394 CrPC
  • Section 435 BNSS
  • Procedural Law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.887 of 2015
                     Arising Out of PS. Case No.-17 Year-2004 Thana- GOPALPUR District- Bhagalpur
                 ======================================================
                 Golta @ Dhirendra Thakur @ Golha Thakur, Son of late Nawab Thakur,
                 resident of Village-Rangra, P.S.- Naugachhiya, District Bhagalpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Diwakar Upadhyaya, Advocate
                 For the Respondent/s    :        Mr.Mayanand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   07-05-2026                 Perused the Letter No. 95 dated 09.02.2026 of the

                   Superintendent of Police, Naugachia along with the report of

                   Sub Inspector of Police cum S.H.O., dated 07.02.2026, wherein

                   it is indicated that during enquiry it came to light that the sole

                   appellant Golta @ Dhirendra Thakur @ Golha Thakur has died.

                   Certificate of death issued by Mukhiya of Gram Panchayat,

                   Rangra, Block-Rangra Chowk, Bhagalpur has also been

                   enclosed with the said report.

                               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
           Patna High Court CR. APP (DB) No.887 of 2015(4) dt.07-05-2026
                                                       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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