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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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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