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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.