Patna High Court
AKALU SHARMA and ANRversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative applied for leave to continue it.
Summary
The appellants, Akalu Sharma and Lal Mohar Mushar, filed a criminal appeal which was pending before the Patna High Court. During the pendency, both appellants died, and death certificates were submitted to the court. The court examined the reports of the Superintendent of Police and the Police Inspector, and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal stood abated. Consequently, the appeal was disposed of, and the trial court record was ordered 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 files an application for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.206 of 2006
======================================================
1. Akalu Sharma S/o Mehi Sharma, R/o Vill.- Chandi, P.S.
Charpokhari, District- Bhojpur.
2. Lal Mohar Mushar S/o Sukhu Mushar @ Sukhram Mushar, R/o Vill.-
Bardiha, P.S. Charpokhari, District- Bhojpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhavesh Kumar, Advocate
For the Respondent/s : APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 13-05-2026 Perused the report dated 03.05.2026 of the
Superintendent of Police, Bhojpur, Ara along with the report
dated 29.04.2026 of the Police Inspector-cum-S.H.O.,
Charpokhari P.S., wherein it is indicated that during enquiry, it
came to light that both the appellants, namely, Akalu Sharma
and Lal Mohar Mushar are dead and the death certificates of the
appellants are annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.206 of 2006(8) dt.13-05-2026
2/2
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)
shailendra/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.