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Patna High Court

Shashi Ram and Anr.versusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative applied for leave to continue the appeal after the death of the appellants.

Summary

The appellants, Shashi Ram and Ganesh Ram, filed a criminal appeal (DB) No.967 of 2015 before the Patna High Court. During the pendency of the appeal, both appellants died, as reported by the Superintendent of Police. 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 if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

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

Legislation cited

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.967 of 2015
                    Arising Out of PS. Case No.-38 Year-2002 Thana- SHAMBHUGANJ District- Banka
                 ======================================================
           1.     Shashi Ram Son of Late Hari Ram
           2.    Ganesh Ram Son of Late Hari Ram
                 Both Residents of At + Village- Khajuri, P.S.- Shambhuganj, District- Banka

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Anupam Sinha, Advocate
                 For the Respondent/s   :        Mr. D.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   19-03-2026                   Perused the Letter No.165 dated 10.02.2026 of the

                   Superintendent of Police, Banka along with the Report dated

                   09.02.2026 of Sub-Inspector of Police, Shambhuganj Police

                   Station, wherein it is indicated that during enquiry it came to

                   light that both the appellants, namely, Shashi Ram and Ganesh

                   Ram, are died.

                               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.967 of 2015(4) dt.19-03-2026
                                                         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)
uday/-

U        T


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