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Patna High Court

SADHU SHARAN LALversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal is abated and disposed of because the appellant is dead and no near relative has applied for leave to continue.

Summary

The appellant, Sadhu Sharan Lal, filed a criminal appeal (DB) No.302 of 2002 before the Patna High Court. The court received a police report and a death certificate indicating that the appellant had died. 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 the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC?

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.302 of 2002
                 ======================================================
                 Sadhu Sharan Lal, Son of Late Indradeo Lal, Resident of Village- South
                 Bankatti, P.O.- Mahuan, P.S.- Baikunthpur, Dist.- Gopalganj.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Dineshwar Mishra, Adv.
                 For the Respondent/s   :     Mr. Mahesh Narayan Parbat, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   13-05-2026                 Perused the Report No. 813 dated 08.05.2026 of the

                   Superintendent of Police, Gopalganj along with the Report

                   dated 06.05.2026 of the S.H.O., Baikunthpur Police Station,

                   Gopalganj as well as the Certificate of Death dated 05.05.2026

                   of the Mukhiya of Gram Panchayat- Raj Khaira Ajam, Block-

                   Baikunthpur, Gopalganj; wherein it is indicated that the sole

                   appellant, namely, Sadhu Sharan Lal, is dead.

                               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.302 of 2002(7) dt.13-05-2026
                                                        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)
shivank/-

U      T


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