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Patna High Court

Bindeshwar SahversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no relative applied for leave to continue.

Summary

The appellant, Bindeshwar Sah, filed a criminal appeal (DB) No.328 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. 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 when the accused dies and no relative applies to continue. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
  • Whether Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal.

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.328 of 2013
                     Arising Out of PS. Case No.-202 Year-1993 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
                 Bindeshwar Sah S/O Late Nawrangi Sah Resident Of Village Basa Sumera,
                 P.S. Kurhani, District Muzaffarpur.

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   24-04-2026                    Perused the Letter No. 280 dated 10.02.2026 of the

                   Senior Superintendent of Police, Muzaffarpur, along with the

                   Report dated 08.02.2026 of the Additional S.H.O., Turki Police

                   Station, Muzaffarpur 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, Bindeshwar Sah,

                   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
         Patna High Court CR. APP (DB) No.328 of 2013(3) dt.24-04-2026
                                                     2/2




                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.

                                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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