Patna High Court
Chhotiya @ Chhoti SahniversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.
Summary
The appellant, Chhotiya @ Chhoti Sahni, filed a criminal appeal (DB) No.125 of 2014 before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as indicated in a letter from the Superintendent of Police and a municipal councilor's report. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative applies for leave to continue it. No relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.125 of 2014
Arising Out of PS. Case No.-212 Year-2009 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Chhotiya @ Chhoti Sahni S/O Late Upendra Sahni Resident Of Mohalla
Lohia Nagar, P.S. Begusarai Town, District Begusarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md.Imteyaz Ahmad, Adv.
For the Respondent/s : Mr. Ajay Mishraapp, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 03-04-2026 Perused the Letter No. 420 dated 12.02.2026 of the
Superintendent of Police, Begusarai along with the Report dated
10.02.2026 of Ward Councilor of Ward No. 28 of Municipal
Corporation, Begusarai; wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Chhotiya
@ Chhoti Sahni, 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.125 of 2014(8) dt.03-04-2026
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)
shivank/-
U T
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