Patna High Court
ABHAY SHARMA @ BAJRANGI SHARMAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated because the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Abhay Sharma, filed a criminal appeal which was pending before the Patna High Court. Reports from the Superintendent of Police and the S.H.O. confirmed that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is dead and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal stands abated. Consequently, the appeal was 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 is deceased and no near relative seeks leave to continue the appeal.
Legislation cited
- Bharatiya 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.40 of 2010
======================================================
Abhay Sharma @ Bajrangi Sharma, son of Late Ramanuj Sharma, resident of
Village- Barheta, P.S. Parasbigha, District- Jehanabad
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Md. Imteyaz Ahmad, Advocate
For the Respondent : Mr. G.P.Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the report dated 02.05.2026 of the
Superintendent of Police, Jehanabad along with the report dated
03.05.2026 of the S.H.O., Parasbigha Police Station, Jehanabad,
which indicate that the sole appellant Abhay Sharma @ Bajrangi
Sharma is dead.
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 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.40 of 2010(3) dt.08-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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