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Patna High Court

Ram Chandra PaswanversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of due to the appellant's death and lack of application by a near relative.

Summary

The appellant, Ram Chandra Paswan, died before the conclusion of his criminal appeal. The court received a letter from the Superintendent of Police confirming his death, along with a certificate from the local Gram Panchayat. Relying on Section 394 of the Code of Criminal Procedure, 1973 (now mirrored in Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court noted that no near relative had filed an application to continue the appeal. Consequently, the appeal was deemed abated and disposed of. The trial court records were ordered to be sent back to the trial court.

Issues considered

  • Whether a criminal appeal can proceed when the appellant has died and no near relative seeks leave to continue the appeal?

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S. 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (DB) No.977 of 2013
                      Arising Out of PS. Case No.-119 Year-1994 Thana- PANDARAK District- Patna
                 ======================================================
                 Ram Chandra Paswan Son of Late Hulas Das Resident of Village Nawada,
                 P.S. Barh, District- Patna.

                                                                                   ... ... Appellant

                                                      Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant        :      Md. Imteyaz Ahmad, Advocate
                                                 Mr. Purushottam Kumar, Advocate
                 For the Respondent       :      Mr. Dilip Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   13-03-2026                       Perused Letter No. 447 dated 13.02.2026 of the Sr.

                   Superintendent of Police, Patna along with the certificate of

                   Ward Member, Gram Panchayat, Nawada, Ward No. 06 wherein

                   it is indicated that the sole appellant namely, Ram Chandra

                   Paswan has died.

                               2. In view of the said letter and having regard to

                   Section 394 of the Code of Criminal Procedure, 1973, which

                   corresponds to Section 435 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023, and inasmuch as no near relative has filed any

                   application seeking leave to continue the appeal, the present
            Patna High Court CR. APP (DB) No.977 of 2013(8) dt.13-03-2026
                                                        2/2




                      Criminal Appeal stands abated and is accordingly disposed of.

                                   3. Let the Trial Court Records be sent back to the

                      concerned Trial Court.



                                           (Sangam Kumar Sahoo, CJ)


                                                  ( Harish Kumar, J)
shailendra/-

U       T


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