Patna High Court
RAMJEE MUKHIAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death without any application for leave to continue.
Summary
The appellant, Ramjee Mukhia, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was produced by the police. No near relative filed an application for leave to continue the appeal after his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973, which mirrors Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing abatement of proceedings upon the death of a party. Accordingly, the Court held that the appeal stands abated and is disposed of. The trial court record was ordered 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 relative seeks leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.964 of 2008
======================================================
Ramjee Mukhia, son of Ramphal Mukhia, resident of Village- Pipra, P.S.
Singhia, District- Samastipur
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr.Ashok Kumar Mishra, Advocate
For the Respondent : Mr.D.Kr.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the report dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 07.05.2026 of the S.H.O., Singhia Police Station,
Samastipur, which indicate that the sole appellant Ramjee
Mukhia 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 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.964 of 2008(4) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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