Patna High Court
MASAHRU SAH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because both appellants are deceased and no near relative applied for leave to continue.
Summary
The High Court examined a criminal appeal filed by Musahru Sah and his wife Kausalya Devi against the State of Bihar. During the proceedings, letters and death certificates revealed that both appellants had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot continue unless a near relative applies for leave to proceed. No such application was filed. Consequently, the Court held that the appeal could not be pursued and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Can a criminal appeal continue when the appellant(s) have died and no near relative files an application for leave to proceed?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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.171 of 2005
======================================================
1. Musahru Sah, Son of Late Awadh Sah.
2. Kausalya Devi, Wife of Musahru Sah.
Resident of Jailakh Sakarpura, P.S.-Bakhri, District-Begusarai.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Manbansh, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 07-05-2026 Perused the Letter No. 1124 dated 30.04.2026 of the
Superintendent of Police, Begusarai, along with the Report
dated 30.04.2026 of the Police Inspector-cum-S.H.O., Bakhri
Police Station, Begusarai, as well as the Death Certificates
issued by the Department of Planning and Development,
Government of Bihar, wherein it is indicated that, during
enquiry, it came to light that both the appellants, namely,
Musahru Sah and Kausalya Devi, are 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.171 of 2005(5) dt.07-05-2026
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)
Neha/-
U
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