Patna High Court
BHIKHAR SHARMAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal is abated and disposed of if the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC.
Summary
The appellant, Bhikhar Sharma, filed a criminal appeal (DB) No.33 of 2010 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate issued by the Gram Panchayat Mukhiya. The court examined the Superintendent of Police's letter and the SHO's report indicating the death. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court noted that no near relative had applied for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- death of appellant
- abated appeal
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.33 of 2010
======================================================
Bhikhar Sharma, son of Late Janki Sharma, Resident of Village-Kokila,
Police Station-Jagdishpur, District-Bhojpur at Arrah.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Tej Pratap Singh, Advocate
For the Respondent/s : Mr.Dilip Kumar Sinha, APP
======================================================
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. 961 dated 30.04.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the report
of SHO, Jagdishpur Police Station dated 30.04.2026, wherein it
is indicated that during enquiry it came to light that the sole
appellant Bhikhar Sharma, has died. Certificate of death issued
by Mukhiya of Gram Panchayat Kakila, Block-Jagdishpur,
District-Bhojpur, has also been enclosed with the said report.
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.33 of 2010(3) dt.07-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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