Patna High Court
RAMASHISH SAHNIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Ramashish Sahni, filed a criminal appeal which remained pending when he died, as evidenced by a death certificate and police reports. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal if the appellant dies and no near relative seeks leave to continue. No relative filed such an application. 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 lower court. The appeal was therefore disposed of.
Issues considered
- Can a criminal appeal 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
- Criminal Procedure Code — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of appellant
- Section 394 CrPC
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1022 of 2007
======================================================
Ramashish Sahni, S/o Sukhdeo Sahni, R/o Village-Kaith, P.S.-Neema
Chandpura, Dist.-Begusarai
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Deepak Kumar, Adv.
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 1223 dated 03.05.2026 of the
Superintendent of Police, Begusarai along with the Memo No.
955 of 2026, dated 02.05.2026 of Police Inspector-cum-S.H.O.,
Mufassil P.S., Begusarai as well as the Death Certificate dated
19.07.2018 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,
Ramashish Sahni, 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.1022 of 2007(3) dt.11-05-2026
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)
supratim/-
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