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Patna High Court

Sakli DeviversusState Of Bihar and Anr

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Sakli Devi, filed a criminal appeal (DB) No. 377 of 2015 arising from a 2011 case. During the pendency of the appeal, the appellant died, as confirmed by a police superintendent's letter and an S.H.O. report. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of appeals upon the death of the appellant unless a near relative applies to continue it. No near relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.

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.377 of 2015
                      Arising Out of PS. Case No.-148 Year-2011 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Sakli Devi Wife of Late Bal Govind Sada, Resident of village- Morba
                 Anandpur, P.S.- Tajpur, District- Samastipur

                                                                                     ... ... Appellant
                                                        Versus

           1.    State of Bihar
           2.    Ashok Kumar Singh @ Ashok Kumar, Son of Nanki Singh, Resident of
                 village- Nikaspur, P.S.- Tajpur, District- Samastipur

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-03-2026                     Perused Letter No. 155 dated 11.02.2026 of the

                   Superintendent of Police, Samastipur along with the report of

                   S.H.O., Tajpur Police Station, wherein it is indicated that during

                   the enquiry it came to light that the sole appellant, namely Sakli

                   Devi, is dead.

                               2. In view of the said letter and having regard to

                   Section 394 of the Code of Criminal Procedure, 1973, which

                   corresponds to Section 435 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023, and inasmuch as no near relative has filed any

                   application seeking leave to continue the appeal, the present
           Patna High Court CR. APP (DB) No.377 of 2015(3) dt.13-03-2026
                                                       2/2




                     Criminal Appeal stands abated and is accordingly disposed of.

                                  3. Let the Trial Court Records be sent back to the

                     concerned Trial Court.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U


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