Patna High Court
CHULHAI SAH and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue.
Summary
The appellants Chulhai Sah, Ramji Sah, Mahavir Sah and Girdhari Sah filed a criminal appeal against the State of Bihar. While hearing the appeal, the court received police reports and a death certificate confirming that all four appellants had died. Under Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the parties are deceased and no near relative applies for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered it to be disposed, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when all appellants are deceased and no near relative seeks leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of parties
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1242 of 2010
======================================================
1. Chulhai Sah, Son of Late Fuddi Sah,
2. Ramji Sah, Son of Ram Prayag Sah,
3. Mahavir Sah, Son of Jaddu Sah,
4. Girdhari Sah, Son of Ram Bharos Sah,
All residents of Village- Janta Dih, P.S.- Gaighat, Dist.- Muzaffarpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dr. Rajesh Kumar Singh, Adv.
For the Respondent/s : Mr. A. Sharma, 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 Report No. 827 dated 11.05.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
Report dated 10.05.2026 of the Sub-Inspector of Police,
Benibad Police Station, Muzaffarpur as well as the Certificate of
Death dated 10.05.2026 of the Sarpanch of Gram Kachhari-
Jata, Block- Gaighat, Dist.- Muzaffarpur; wherein it is indicated
that all the four appellants, namely, Chulhai Sah, Ramji Sah,
Mahavir Sah and Girdhari Sah, are 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,
Patna High Court CR. APP (DB) No.1242 of 2010(3) dt.13-05-2026
2/2
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
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)
shivank/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.