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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

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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