Patna High Court
STYADEO PRASAD @ SATYADEO PRASADversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated because the appellant is deceased and no near relative has applied for leave to continue the appeal.
Summary
The appellant, Styadeo Prasad, filed a criminal appeal (DB) No.1240 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by police reports and a death certificate. 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 for abatement of proceedings when the appellant dies and no near relative seeks leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with the trial court record to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
- Whether Section 394 of the CrPC (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1240 of 2011
Arising Out of PS. Case No.-92 Year-1998 Thana- MASHRAK District- Saran
======================================================
Styadeo Prasad @ Satyadeo Prasad, S/o Late Hardeo Rawat, R/V Mashrakh
Gopalbari, P.S.-Mashrakh, Dist.-Saran
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mukesh Kumar Singh, Adv.
For the Respondent/s : Mr. S.C.Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the Letter No. 366 dated 17.02.2026 of the
Senior Superintendent of Police, Saran, Chapra, along with the
report dated 14.02.2026 of S.H.O., Masrak P.S., Saran, as well
as the certificate of death issued on, 14.02.2026, issued by Chief
Councilor, Nagar Panchayat Masrak, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Styadeo Prasad @ Satyadeo Prasad, 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
Patna High Court CR. APP (DB) No.1240 of 2011(3) 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 cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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