Patna High Court
SHANKAR SADA @ GHANTOLIAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue the appeal under Section 394 CrPC.
Summary
The appellant, Shankar Sada @ Ghantolia, filed a criminal appeal (DB) No.1091 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police superintendent's letter, a police report, and a death certificate. The court examined whether the appeal could continue in the absence of a filing by any near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no near relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1091 of 2006
======================================================
Shankar Sada @ Ghantolia, son of Dhodai Sada, resident of village- Darha,
P.S. Bakhari, District- Begusarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manish Kumar -3, APP
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 11-05-2026 Perused the Letter No.1239 dated 04.05.2026 of the
Superintendent of Police, Begusarai along with the Report dated
30.04.2026 of SHO, Bakhari Police Station, Begusarai as well
as the Certificate of death 05.02.2026 of the Mukhiya of Gram
Panchayat Raj, Bagwan, Bakhari, Begusarai wherein it is
indicated that during enquiry it came to light that the appellant,
namely, Shankar Sada @ Ghantolia, 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.
Patna High Court CR. APP (DB) No.1091 of 2006(5) dt.11-05-2026
2/2
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)
uday/-
U
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