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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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