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Patna High Court

NARNDEO @ NARAYAN DEO SAHANIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Narndeo @ Narayan Deo Sahani, died during the pendency of his criminal appeal. The court examined a letter and report from the Superintendent of Police confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no such application was filed, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without an application by a near relative.
  • Whether Section 394 CrPC (or its equivalent Section 435 B.N.S. 2023) mandates abatement of the appeal in such circumstances.

Legislation cited

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.227 of 2011
                 ======================================================
                 Narndeo @ Narayan Deo Sahani, S/o - Dhanik Sahani, R/o Village - Sonbarsa
                 Ghat, P.S. - Choutham, Dist. - Khagaria

                                                                         ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Binod Kumar, Adv.
                 For the Respondent/s   :     Mr. Ajay Mishra App
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   08-05-2026                 Perused the Letter No. 542, dated 03.05.2026 of the

                   Superintendent of Police, Khagaria along with the Report dated

                   03.05.2026 of Inspector of Police-cum-S.H.O, Choutham Police

                   Station, Khagaria, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Narndeo @

                   Narayan Deo 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

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.227 of 2011(5) dt.08-05-2026
                                                       2/2




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



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
Anjani/-

U


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