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Patna High Court

SANTAN PASWANversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Santan Paswan, filed a criminal appeal which was pending when he died. The Deputy Superintendent of Police submitted a report and death certificate confirming his death. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which stipulate that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed, with the trial court records ordered 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 applies for leave to continue the appeal under Section 394 CrPC (Section 435 BNSS 2023)?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNSS 2023
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.330 of 2008
                 ======================================================
                 Santan Paswan son of Late Nathuni Paswan, resident of Village-Mohri Itwan,
                 Police Station-Nabinagar (Tandwa), District-Aurangabad.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Manish Kumar -3, Advocate
                 For the Respondent/s   :     Mr.S.Nr.Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   07-05-2026                 Perused the Letter No.1233 dated 01.05.2026 of the

                   Deputy Superintendent of Police, Aurangabad, along with the

                   report of S.H.O., Tandwa Police Station dated 30.04.2026,

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

                   the sole appellant Santan Paswan, has died. Death Certificate of

                   the appellant issued by Department of Planning and

                   Development, Government of Bihar, Patna 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
           Patna High Court CR. APP (DB) No.330 of 2008(4) dt.07-05-2026
                                                       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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