Patna High Court
MAHESHWAR SAHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no relative applied for leave to continue.
Summary
The appellant Maheshwar Sah filed a criminal appeal (DB) No.1279 of 2010 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. The Court, invoking Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered 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 relative seeks leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1279 of 2010
======================================================
Maheshwar Sah, Son of Ram Bharos Sah, Resident of Village- Jantidih, P.S.-
Gaighat, Dist.- Muzaffarpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ganesh Prasad Singh, Adv.
For the Respondent/s : Mr. D. K. Sinha, 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. 828 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 the sole appellant, namely, Maheshwar Sah, 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.1279 of 2010(3) dt.13-05-2026
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.