Patna High Court
MASIH PRAKASH JOJOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 CrPC (now Sec. 435 BNSS 2023) because the appellant is deceased and no relative sought leave to continue.
Summary
The appellant, Masih Prakash Jojo, filed a criminal appeal (DB) No.980 of 2007 against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by police letters and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing abatement of appeals upon the death of a party. No near relative filed an application for leave to continue the appeal. Consequently, the court held that the appeal could not proceed and was abated. The trial court record was ordered to be sent back to the concerned court, and the appeal was disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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.980 of 2007
======================================================
Masih Prakash Jojo, son of Late Budhwa Jojo, resident of Village- Hathi Leta,
P.S.- Malebira, District- Simdega (Jharkhand).
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manish Kumar -3, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 17-04-2026 Perused the Letter No.659 dated 11.03.2026 of the
Deputy Superintendent of Police, Aurangabad, Letter No. 148
dated 09.03.2026 of Superintendent of Police, Simdega along
with the Memo No. 520 dated 09.03.2026 of Sub-Inspector of
Police, Kolebira Police Station, Simdega as well as the death
certificate dated 20.08.2025 issued by the Registrar (Birth and
Death), Gram Panchayat Kamdara wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Masih Prakash Jojo, 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
Patna High Court CR. APP (DB) No.980 of 2007(7) dt.17-04-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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)
supratim/-
U
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