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Patna High Court

SHALIK KAMKARversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Summary

The appellant, Shalik Kamkar, filed a criminal appeal (DB) No.265 of 2002 before the Patna High Court. During the pendency of the appeal, the appellant died, as reported by the Superintendent of Police and the SHO. The court examined Section 394 of the Code of Criminal Procedure, 1973, which is now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and 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 applies for leave to continue the appeal under Section 394 CrPC (now Sec. 435 B.N.S. 2023)?

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.265 of 2002
                 ======================================================
                 Shalik Kamkar, son of Gajadhar Kamkar, resident of Village- Dharmagatpur,
                 P.S.- Shahpur, District- Bhojpur

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Arun Kumar Pandey 1, Advocate
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   19-03-2026                 Perused the Letter No.382 dated 23.02.2026 of the

                   Superintendent of Police, Bhojpur, Ara along with the Report

                   dated 18.02.2026 of SHO, Karnamepur Police Station, wherein

                   it is indicated that during enquiry it came to light that the sole

                   appellant, namely, Shalik Kamkar, is died.

                               2. In view of the said letter 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.265 of 2002(4) dt.19-03-2026
                                                         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)
uday/-

U        T


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