Patna High Court
RAM AWADH SHARMAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death and the absence of any application by a near relative under Section 394 CrPC.
Summary
The appellant, Ram Awadh Sharma, filed a criminal appeal (DB) No.312 of 2010 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal when no relative seeks leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bhartiya 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.312 of 2010
======================================================
Ram Awadh Sharma S/o Late Kanchan Rai R/o Vill.- Dudha Mathiya, P.S.-
Manjhaulia, Dist.-East Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay, Advocate
For the Respondent/s : Mr.A.K. Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 603 dated 04.05.2026 of the
Superintendent of Police, East Champaran, Bettiah along with
the report dated 03.05.2026 of the Police Inspector-cum-S.H.O.,
Manjhaulia P.S., wherein it is indicated that during enquiry, it
came to light that the sole appellant, namely, Ram Awadh
Sharma, is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.312 of 2010(4) dt.11-05-2026
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)
guddukr/-
U T
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