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Patna High Court

SUGO MISHRA @ SUGABA MISHRAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of because the appellant is deceased and no near relative sought leave to continue the appeal.

Summary

The appellant, Sugo Mishra, filed a criminal appeal against the State of Bihar. While hearing the appeal, the court received a letter and reports confirming that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue it. No such application was filed. Consequently, the court held that the appeal stood abated and ordered its disposal. The trial court record was directed to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without an application by a near relative under the applicable procedural provisions.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • procedural law
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.1080 of 2006
                 ======================================================
                 Sugo Mishra @ Sugaba Mishra, Son of Late Bapaa Mishra, Resident of
                 Village- Mohanpur, P. S.- Nauhatta, District- Saharsa.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Sharda Nand Mishra, Adv.
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   14-05-2026                    Perused the Letter No. 519 dated 10.05.2026 of the

                   Superintendent of Police, Saharsa along with the Report dated

                   09.05.2026 S.H.O., Nauhatta P.S., Saharsa as well as Report of

                   the Ward Member, Gram Panchayat, Mohanpur, wherein it is

                   indicated that the sole appellant, namely, Sugo Mishra @

                   Sugaba Mishra is dead.

                               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 record be sent back to the
           Patna High Court CR. APP (DB) No.1080 of 2006(8) dt.14-05-2026
                                                       2/2




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



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
Anjani/-

U      T


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