Patna High Court
SHOBHA KANT JHA and ANR.versusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative sought to continue the appeal.
Summary
The appellants, Shobha Kant Jha and Vedanand Jha, filed a criminal appeal (DB) No.256 of 2012 before the Patna High Court. During the pendency of the appeal, the police reported that both appellants had died. The Court examined the report and applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant is deceased and no near relative seeks to continue the appeal. Since no relative filed an application for leave to continue, the Court held that the appeal stands abated. Consequently, the appeal was disposed of and the trial court records were ordered to be sent back to the trial court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC (or Section 435 B.N.S.S.)?
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
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
- appellate jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.256 of 2012
Arising Out of PS. Case No.-25 Year-1997 Thana- SONBERSHA RAJ District- Saharsa
======================================================
1. SHOBHA KANT JHA and ANR. S/O Late Sukhdeo Jha R/O Vill-Lagma,
P.S.SonbarsaRaj, Distt-Saharsa
2. Vedanand Jha S/O Late Sukhdeo Jha R/O Vill-Lagma, P.S.SonbarsaRaj,
Distt-Saharsa
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amarnath Jha, Advocate
For the Respondent/s : Mr. D.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-03-2026 Perused the Letter No. 131 dated 09.02.2026 of the
Superintendent of Police, Saharsa, along with Memo No. 192 of
2026 dated 08.02.2026 of the Assistant Sub-Inspector, Sonbarsa
Raj Police Station, wherein it is indicated that during the
enquiry it came to light that the appellants, namely, Shobha
Kant Jha and Vedanand Jha, are dead.
2. In view of the said report and Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
and since no near relative has filed any application seeking
leave to continue the appeal, the Criminal Appeal stands abated
Patna High Court CR. APP (DB) No.256 of 2012(3) dt.13-03-2026
2/2
and is disposed of accordingly.
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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