Patna High Court
INDERA SAOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is dead and no near relative applied for leave to continue the appeal.
Summary
The appellant, Indera Sao, filed a criminal appeal which was pending when he died, as confirmed by a police letter and report. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies to continue it. No near relative filed such an application. Consequently, the court held that the appeal could not proceed and ordered it to be abated and disposed. The trial court record was directed to be sent back to the lower court. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.115 of 1997
======================================================
Indera Sao, Son of Dukhi Sao, Resident of Village-Tetarhat, P.S.-Halsi,
District-Munger now Lakhisarai.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sunil Kumar Pd. Singh
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 07-05-2026 Perused the Letter No. 215 dated 14.02.2026 of the
Superintendent of Police, Lakhisarai along with the Report
dated 08.02.2026 of the Sub-Inspector of Police-cum-S.H.O,
Tetarhat Police Station, Lakhisarai, wherein it is indicated that
during enquiry it came to light that the sole appellant, Indera
Sao, is dead.
2. In view of the said letter 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.115 of 1997(3) dt.07-05-2026
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)
Neha/-
U
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