Patna High Court
SAIRABANOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative sought leave to continue the appeal.
Summary
The appellant, Sairabano, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate attached to the police report. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which stipulate that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, 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 lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under the relevant procedural provisions.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.335 of 2007
======================================================
Sairabano, W/o Md. Waseem, R/o-Village-Tajpur Dargah, P.S. Tajpur,
District-Samastipur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aditya Prakash Sahay, Adv.
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 12-05-2026 Perused the Letter No. 950 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 10.05.2026 of S.H.O. Tajpur P.S., wherein it is indicated
that during enquiry, it came to light that the sole appellant,
namely, Sairabano, is dead and the death certificate of the
appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.335 of 2007(4) dt.12-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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