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
- 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.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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