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Patna High Court

LUCHO SHARMA @ LOCHAN SHARMAversusSTATE 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, Lucho Sharma, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal must be abated. Consequently, the High Court ordered the appeal to be disposed of and directed the trial court records to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without an application by a near relative for leave to proceed

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.106 of 2005
                 ======================================================
                 Lucho Sharma @ Lochan Sharma, Son of Laxmi Sharma, Resident of
                 Village-Kadwa Kachahari, Tola Nandgram, Police Station-Dholbajja
                 (Naugachia), District-Bhagalpur.

                                                                              ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Sanjeev Kumar, Advocate
                 For the Respondent/s     :      Mr. Sujit Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   26-05-2026                    Perused the Letter No. 324 dated 10.05.2026 of the

                   Superintendent of Police, Naugachia along with the report of

                   S.H.O., Dholbajja Police Station dated 10.05.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Lucho Sharma @ Lochan Sharma has died and the

                   death certificate of the appellant is annexed with the said report.

                                  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.
           Patna High Court CR. APP (DB) No.106 of 2005(3) dt.26-05-2026
                                                       2/2




                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


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