Patna High Court
SHEO SHANKAR PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue, as mandated by Section 394 CrPC.
Summary
The appellant, Sheo Shankar Prasad, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973, which mirrors Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the abatement of appeals upon the death of a party. Since no near relative applied for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no relative files an application for leave to continue the appeal
- Whether Section 394 CrPC (or its counterpart Section 435 B.N.S. 2023) applies to abate the appeal in such circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.435 of 2007
======================================================
Sheo Shankar Prasad, S/O Late Ram Lagan Prasad, Resident of Village-
Ramnagar, P.S.-Ramnagar, District-West Champaran.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashutosh Kumar, Advocate
For the Respondent/s : Mr. App.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 01-05-2026 Perused the Letter No. 170 dated 09.03.2026 of the
Superintendent of Police, Bagaha, along with the Report dated
08.03.2026 of the Police Inspector-cum-S.H.O., Ramngar,
Bagaha Police Station, West Champaran as well as the Death
Certificate, which was 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, Sheo Shankar Prasad, 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.435 of 2007(3) dt.01-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
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