Patna High Court
GANESH SAHANI @ NANHKI SAHANIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed because the appellant is dead and no near relative has applied for leave to continue the proceedings.
Summary
The appellant, Ganesh Sahani, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Senior Superintendent of Police and the S.H.O. submitted letters confirming that the appellant had died, as also evidenced by a death certificate. The court examined these documents and considered Section 394 of the Code of Criminal Procedure (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party. No near relative of the deceased had filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of, directing the trial court record to be returned. The decision underscores the procedural requirement that a deceased appellant’s appeal may only continue if a relative seeks permission to do so.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed.
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.1434 of 2007
======================================================
Ganesh Sahani @ Nanhki Sahani, S/o Late Chaturbhuj Sahani @ Charmuj
Sahani, R/o Village-Gijas (Jhajhapur), Siswaniya, P.S.-Saraiya (Jaitpur O.P.),
Dist. - Muzaffarpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bela Singh, 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)
4 11-05-2026 Perused the Letter No. 694 dated 05.05.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
letter dated 02.05.2026 of S.H.O., Jaitpur P.S., Muzaffarpur as
well as the Death Certificate dated 05.04.2018, issued by the
Department of Planning and Development, Government of
Bihar, wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Ganesh Sahani @ Nanhki
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.1434 of 2007(4) 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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