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Patna High Court

SACHCHIDANAND KAHARversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative applied for leave to continue under the applicable statutory provision.

Summary

The appellant, Sachchidanand Kahar, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by a police letter and a death certificate. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party when no relative seeks continuation. Consequently, the Court held that the appeal stands abated and is disposed of. The trial court record is to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue?
  • What is the effect of Section 394 CrPC (or Section 435 B.N.S. 2023) on pending appeals upon the death of a party?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S. 2023
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.323 of 2006
                 ======================================================
                 Sachchidanand Kahar, Son of Kailash Kahar, Resident of Gangapur, P.S.-
                 Hulasganj, District-Jehanabad.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Amit, Advocate
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   07-05-2026                    Perused the Letter No. 295 dated 02.05.2026 of the

                   Superintendent of Police, Jehanabad, along with the Report

                   dated 03.05.2026 of the S.H.O., Hulasganj Police Station,

                   Jehanabad as well as the Death Certificate, which was issued by

                   the Department of Planning and Development, Government of

                   Bihar; wherein it is indicated that during enquiry it came to light

                   that the sole appellant, namely, Sachchidanand Kahar, 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.323 of 2006(6) 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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