Patna High Court
SANJEET SAH @ SANJIT SAHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is deceased and no near relative sought leave to continue the appeal under the applicable statutory provision.
Summary
The appellant, Sanjeet Sah, filed a criminal appeal (Cr. App. DB No.365 of 2012) against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a police superintendent’s letter, an SHO’s report, and a death certificate. The court examined the effect of the appellant’s death on the pending appeal under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application for leave to continue the appeal, the court held that the appeal must abate. Consequently, the criminal appeal was declared abated and the matter was disposed of, with the trial court record to be sent back to the lower 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 (now Sec. 435 B.N.S. 2023)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.365 of 2012
Arising Out of PS. Case No.-7 Year-2007 Thana- ADHAOURA District- Kaimur (Bhabua)
======================================================
Sanjeet Sah @ Sanjit Sah S/O Rajeshwar Sah Resident Of Village- Dahar,
Police Station- Adhaura, District- Kaimur At Bhabua.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Girish Chandra Sharma, Adv.
For the Respondent/s : Mr. S. Azeem, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 03-04-2026 Perused the Letter No. 175 dated 10.02.2026 of the
Superintendent of Police, Kaimur (Bhabhua) along with the
Report dated 06.02.2026 of S.H.O, Adhaura Police Station as
well as the Death Certificate issued by the Department of
Planning and Development, Government of Bihar; wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Sanjeet Sah @ Sanjit Sah, is dead.
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.365 of 2012(4) dt.03-04-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shivank/-
U T
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