Patna High Court
YOGENDRA SAHNI @ YOGI SAHNI and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 of the CrPC (Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) as the appellants are deceased and no near relative sought leave to continue.
Summary
The appellants, Yogendra Sahni and Rajo Sahni, were found to be deceased as per police reports and a death certificate dated 09.05.2026. The High 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 criminal 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 criminal appeal was abated and disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died
- Whether Section 394 CrPC (or its equivalent Section 435 BNSS 2023) mandates abatement of the appeal in the absence of an application by a near relative
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.390 of 2004
======================================================
1. Yogendra Sahni @ Yogi Sahni, Son of Soman Sahni
2. Rajo Sahni @ Rajba Sahni, Son of Late Sarwan Sahni
Both are resident of Village- Gardha, P.S.- Kalyanpur, Dist.- Samastipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arbind Kumar, Adv.
For the Respondent/s : Mr. Bipin Kumar, 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 Report No. 812 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the Report
dated 09.05.2026 of the Inspector of Police-cum-S.H.O.,
Kalyanpur Police Station, Samastipur as well as the Certificate
of Death dated 09.05.2026 of the Ward Councilor of Ward No.
07, Municipal Corporation Samastipur; wherein it is indicated
that both the appellants, namely, Yogendra Sahni @ Yogi Sahni
and Rajo Sahni @ Rajba Sahni, are 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
Patna High Court CR. APP (DB) No.390 of 2004(4) dt.12-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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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