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Patna High Court

Sharma Nand RamversusThe State Of Bihar and Ors

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant has died and no near relative sought to continue the proceedings.

Summary

The appellant, Sharma Nand Ram, filed a criminal appeal (DB) No.160 of 2015 arising from a 2013 case in Kaimur. While the appeal was pending, the appellant died, as confirmed by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party if no near relative applies to continue. Since no relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (now Sec. 435 B.N.S. 2023)?

Legislation cited

Subjects

  • Criminal Appeal
  • Abatement
  • Death of Appellant
  • Section 394 CrPC
  • Procedural Law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.160 of 2015
                 Arising Out of PS. Case No.-98 Year-2013 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
                 Sharma Nand Ram son of late Ram Janam Ram Resident of Village-
                 Kulhariya, P.S.- Durgawati, District- Kaimur Bhabua

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State Of Bihar.
           2.    Prem Narayan Singh son of Kamla Prasad Singh Resident of Village-
                 Ganjari, P.S.- Jansa, District- Varanasi U.P
           3.    Narendra Singh son of Late Shiv. Murat Singh Resident of Village-
                 Kulhariya, P.S.- Durgawati, District- Kaimur Bhabua
           4.    Surendra Singh Son of Ramprit Singh Resident of Village-- Sahuka, P.S.-
                 Ramgarh, District- KaimurBhabua
           5.    Sudhakar Singh Son of Jagdanand Singh Resident of Village-- Sahuka, P.S.-
                 Ramgarh, District- KaimurBhabua
           6.    Shoaib Khan Son of Jabbar Khan Resident of Village-- Karari, P.S. -
                 Durgawati, District- Kaimur Bhabua
           7.    Rakesh Kumar Singh Son of Late Sudarshan Singh Resident of Village-
                 Gogadhi, P.S. - Ramgarh, District- KaimurBhabua,

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Kumar Sunil, Advocate
                 For the Respondent/s    :        Mr.S.C.Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   26-03-2026                    Perused the Letter No.202 dated 10.02.2026 of the

                   Superintendent of Police, Kaimur (Bhabhua) along with the

                   report of SHO, Durgawati police station dated 07.02.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Sharma Nand Ram, has died. Death

                   Certificate of the appellant issued by the Department of
           Patna High Court CR. APP (DB) No.160 of 2015(3) dt.26-03-2026
                                                       2/2




                     Planning and Development, Directorate of Economics and

                     Statistics, Government of Bihar, has also been enclosed with the

                     said report.

                                  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.

                                  3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                                          (Sangam Kumar Sahoo, CJ)



                                                                (Harish Kumar, J)
ranjan/-

U


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