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Patna High Court

ANIL SAHANIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Anil Sahani, filed a criminal appeal (DB) No.369 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as evidenced by a death certificate annexed to a police report. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when 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 concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to proceed

Legislation cited

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.369 of 2008
                 ======================================================
                 ANIL SAHANI, S/o Late Dharman Sahani, R/o Vill. Noniya Tola, P.S.
                 Paharpur, District – East Champaran

                                                                         ... ... Appellant/s
                                                  Versus

                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Anil Kumar, Advocate
                 For the Respondent/s   :     Mr. Ashwani Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   08-05-2026                   Perused the Letter No. 751 dated 02.05.2026 of the

                   Superintendent of Police, East Champaran, Motihari along with

                   the report dated 28.04.2026 of the S.H.O., Paharpur P.S.,

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

                   the sole appellant, namely, Anil Sahani, is dead and the death

                   certificate of the appellant is annexed with the said report.

                               2. In view of the said report 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.
            Patna High Court CR. APP (DB) No.369 of 2008(3) dt.08-05-2026
                                                        2/2




                                   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)
shailendra/-

U       T


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