Patna High Court
SIDHESHWAR PASWANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 CrPC (now Sec. 435 B.N.S. 2023) when the appellant is dead and no near relative seeks leave to continue.
Summary
The appellant, Sidheshwar Paswan, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Senior Superintendent of Police reported that the appellant had died. The court examined the letters and reports confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant is dead and no near relative applies for leave to continue. No such application was filed by any relative. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when 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.2 of 2003
======================================================
Sidheshwar Paswan, Son of Late Bhola Paswan, Resident of Village-
Baikatpur, P.S.-Khusrupur, District- Patna.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Surendra Kishore Thakur, Advocate
Mr. Aditya Kumar Pandey, Advocate
Mr. Chandra Mohan Jha, Advocate
For the Respondent/s : Mr. Bipin Kumar, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 458 dated 13.02.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 10.02.2026 of the Police Inspector-cum-S.H.O, Khusrupur
Police Station, Patna, wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Sidheshwar
Paswan, 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
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.2 of 2003(4) dt.08-05-2026
2/2
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)
guddukr/-
U
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