Patna High Court
MRITUNJAY SHARMAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 CrPC (Section 435 B.N.S.) because the appellant died and no near relative sought leave to continue.
Summary
The appellant, Mritunjay Sharma, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a letter from the Superintendent of Police and a police report. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, dealing with the abatement of appeals on the death of a party. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Does a criminal appeal stand abated upon the death of the appellant when no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.1025 of 2008
======================================================
Mritunjay Sharma, Son of Raj Kishore Sharma, Resident of Village-Nowama,
Police Station-Shakurabad, District-Jehanabad.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Satish Narayan Sinha, Advocate
For the Respondent/s : Mr.A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 360 dated 03.05.2026 of the
Superintendent of Police, Jehanabad along with the report of
Police Inspector cum S.H.O., Shakurabad Police Station,
Jehanabad dated 03.05.2026, wherein it is indicated that during
enquiry it came to light that the sole appellant Mritunjay Sharma
has died.
2. In view of the said letters 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
disposed of.
3. Let the trial court records be sent back to the
Patna High Court CR. APP (DB) No.1025 of 2008(3) dt.12-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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