Patna High Court
MARKANDE JHA and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed of because the appellants were deceased and no near relative applied for leave to continue the appeal under Section 394 CrPC.
Summary
The appellants, Markande Jha and Sita Sundari Devi, filed a criminal appeal (DB) No.316 of 1999 against the State of Bihar. During the pendency of the appeal, the police investigation revealed that both appellants had died. The Court examined the Superintendent of Police's letter and the Sub‑Inspector's report confirming their deaths. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue it. No such application was filed. Consequently, the Court held that the appeal stood abated and was disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant(s) have died
- Whether a near relative must file an application 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 parties
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.316 of 1999
======================================================
1. Markande Jha, Son of Late Matukdhari Jha.
2. Sita Sundari Devi wife of Markande Jha.
Both residents of Village-Manjaul, Police Station-Cheriya Bariyarpur,
District-Begusarai.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Choudhary Shyam Nandan, Advocate
For the Respondent/s : Mrs. Shashi Bala Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 07-05-2026 Perused the Letter No. 648 dated 18.03.2026 of the
Superintendent of Police, Begusarai along with the Report dated
11.02.2026 of the Sub-Inspector of Police-cum-S.H.O, Cheriya
Bariyarpur Police Station, Begusarai, wherein it is indicated that
during enquiry it came to light that both the appellants, namely,
Markande Jha and Sita Sundari Devi, are 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.316 of 1999(3) dt.07-05-2026
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)
Neha/-
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