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Patna High Court

PRAMOD SAHversusSTATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

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

Summary

The appellant, Pramod Sah, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a letter from the Superintendent of Police and a report from the S.H.O. The Court examined the effect of the appellant's death under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application seeking leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was deemed abated and the matter was disposed of.

Issues considered

  • Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC.

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.442 of 1996
                 ======================================================
                 Pramod Sah, Son of Sita Ram Sah, Resident of Village-Gan jgaurihar, Police
                 Station-Sakara, District-Muzaffarpur.                     ... ... Appellant/s
                                                    Versus
                 The State of Bihar.                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :     Mr. Prasoon Sinha, Sr. Advocate
                                               Mr. Prabhat Kumar, Advocate
                 For the Respondent/s    :     Mr. Abhimanyu Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   20-02-2026                  Perused the Letter No. 346 dated 14.02.2026 issued

                   by the Superintendent of Police, Muzaffarpur, along with the

                   report of the S.H.O., Bariyarpur, Muzaffarpur annexed thereto,

                   from which it transpires that the sole appellant, Pramod Sah, has

                   died.

                                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

                   Criminal Appeal stands abated and is accordingly disposed of.



                                        (Sangam Kumar Sahoo, CJ)


                                             (Harish Kumar, J)
Neha/-
U      T


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