Patna High Court
GANGA SAHNI @ GANGA PRASAD SAHNIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 BNS).
Summary
The appellant, Ganga Sahni, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative applied for leave to continue the appeal after his death. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal when the appellant dies and no relative seeks its continuation. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.
Issues considered
- Does a criminal appeal abate upon the death of the appellant if no near relative files an application for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- section 394 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.330 of 1998
======================================================
Ganga Sahni @ Ganga Prasad Sahni, Resident of Mohalla-Lal Darwaza,
Police Station-Kotwali, Sadar, District-Munger.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sujeet Kumar Sinha, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 15-05-2026 Perused the Letter No. 368 dated 24.04.2026 of the
Superintendent of Police, Munger along with the report of Sub
Inspector of Police, Kotwali Police Station, Munger, dated
24.04.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Ganga Sahni @ Ganga Prasad
Sahni has died. Certificate of death of the appellant issued by
Ward Councillor of Ward No. 2, Municipal Corporation,
Munger has also been enclosed with the said report.
2. In view of the said letters 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
Patna High Court CR. APP (DB) No.330 of 1998(4) dt.15-05-2026
2/2
disposed of.
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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