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
- 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.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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