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