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Patna High Court

SUNIL KUMARversusSTATE 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 it.

Summary

The appellant Sunil Kumar filed a criminal appeal (DB) No.129 of 2005 before the Patna High Court. The court received a police letter and report confirming that Sunil Kumar had died, along with a 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 applies for leave to continue it. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without an application by a near relative under Section 394 CrPC (or its equivalent)

Legislation cited

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.129 of 2005
                 ======================================================
                 Sunil Kumar, Son of Santosh Kumar Lal, Resident of Village- Pokhar Bhinda,
                 P.S.- Pupari, Dist.- Sitamarhi.

                                                                           ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Shiva Shankar Sharma, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   11-05-2026                 Perused the Letter No. 365 dated 05.05.2026 of the

                   Superintendent of Police, Sitamarhi along with the Report dated

                   07.05.2026 of the Inspector of Police-cum-S.H.O., Pupari Police

                   Station as well as the Certificate of Death dated 02.04.2026 of

                   the Sarpanch of Gram Kachhari, Bajitpur Baura, Block- Pupari,

                   Sitamarhi; wherein it is indicated that the sole appellant, namely,

                   Sunil Kumar, 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.129 of 2005(5) dt.11-05-2026
                                                        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


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