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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

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/-

U


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