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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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