Patna High Court
AKLU PASWAN @ SADHU SINGH @ DADHIWALIAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the appellant's death and the absence of a leave application from a near relative.
Summary
The appellant, Aklu Paswan, died before the conclusion of his criminal appeal against the State of Bihar. The court examined police reports confirming his death and the accompanying death certificate. 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 files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered the trial court record to be sent back to the concerned court.
Issues considered
- What is the effect of the appellant's death on the pending criminal appeal?
- Whether the appeal can continue without an application from a near relative under the applicable statutory provisions?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1150 of 2006
======================================================
Aklu Paswan @ Sadhu Singh @ Dadhiwalia , son of Late Singhasan Paswan,
resident of Village Sugar Chhapa Pipra, P.S. Lauriya, District- West
Champaran
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Jitendra Narain Sinha, Advocate
For the Respondent :
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the report dated 05.05.2026 of the
Superintendent of Police, West Champaran (Bettiah) along with
the report dated 03.05.2026 of the Police Inspector, Lauriya
Police Station, West Champaran, which indicate that the sole
appellant Aklu Paswan alias Sadhu Singh @ Dadhiwalia is dead
and the death certificate of the appellant is annexed with the
said report.
2. In view of the said reports 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
Patna High Court CR. APP (DB) No.1150 of 2006(4) dt.13-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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