Patna High Court
MAKURDHUN SAHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue the appeal under the applicable statutory provision.
Summary
Makurdhun Sah, the appellant in a criminal appeal, died during the pendency of the appeal. The court examined a letter from the Superintendent of Police and a police report confirming the appellant's death, along with the death certificate issued by the Department of Planning and Development, Bihar. The issue before the court was whether the appeal could continue in the absence of the appellant and without any application from a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal abates if no relative seeks leave to continue it. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the procedural consequence of the death of an appellant in a criminal appeal when no near relative files an application to continue the appeal?
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.1001 of 2011
======================================================
MAKURDHUN SAH S/O Doma Sah R/O Village - Purani Gudri, Bettiah,
P.S. Bettiah Town, Distt. West Champaran
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dr. Rajesh Kumar Singh, Advocate
For the Respondent/s : Mr. S.C.Mishra, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 24-04-2026 Perused the Letter No. 156 dated 09.02.2026 of the
Superintendent of Police, West Champaran, Bettiah, along with
the Report dated 08.02.2026 of the S.H.O., Kalibagh Police
Station, West Champaran, Bettiah as well as the Death
Certificate, which was issued by the Department of Planning
and Development, Government of Bihar; wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Makurdhun Sah, 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
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.1001 of 2011(3) dt.24-04-2026
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)
Neha/-
U
Checking your session…