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Patna High Court

MAUJE SAHANIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is dead and no relative applied for leave to continue.

Summary

The appellant, Mauje Sahani, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police letters and a death certificate issued by the local Gram Panchayat. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant is deceased and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue

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.140 of 2008
                 ======================================================
                 Mauje Sahani, S/o Late Banai Sahani, R/o Village-Banka Gaon, P.S.-Karja,
                 Dist.-Muzaffarpur

                                                                         ... ... Appellant/s
                                                  Versus

                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Arvind Kumar 1, 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)

7   11-05-2026                  Perused the Letter No. 674 dated 02.05.2026 of the

                   Senior Superintendent of Police, Muzaffarpur along with the

                   letter dated 30.04.2026 of S.H.O., Karja P.S., Muzaffarpur as

                   well as the certificate of death dated 30.04.2026, issued by the

                   Mukhiya, Gram Panchayat, Raj Barkagaon (North), Block

                   Marwan, District-Muzaffarpur, wherein it is indicated that

                   during enquiry it came to light that the sole appellant, namely,

                   Mauje Sahani, is dead.

                               2. In view of the said letters 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
             Patna High Court CR. APP (DB) No.140 of 2008(7) dt.11-05-2026
                                                         2/2




                       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)
supratim/-

U      T


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