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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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