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Patna High Court

KESHAV KHARWARversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant Keshav Kharwar filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with the trial court record to be sent back to the lower court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (now Sec. 435 B.N.S. 2023)?

Legislation cited

Subjects

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

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.914 of 2007
                 ======================================================
                 Keshav Kharwar, Son of Katbaru Kharwar, resident of Village-Satauna, P.S.-
                 Chainpur, District-Kaimur at Bhabua.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Shankar Kumar Choudhary, 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)

5   07-05-2026                    Perused the Letter No. 634 dated 01.05.2026 of the

                   Superintendent of Police, Kaimur (Bhabua), along with the

                   Report dated 30.04.2026 of the Sub-Inspector of Police,

                   Chainpur Police Station, Kaimur as well as the Death

                   Certificate, which was issued by the Department of Planning

                   and Development, Government of Bihar; wherein it is indicated

                   that during enquiry it came to light that the sole appellant,

                   namely, Keshav Kharwar, is 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.914 of 2007(5) dt.07-05-2026
                                                     2/2




                   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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