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Patna High Court

NAND KISHORE KAHARversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of under the applicable statutory provision when the appellant dies and no near relative seeks leave to continue.

Summary

The appellant, Nand Kishore Kahar, died while his criminal appeal was pending before the Patna High Court. The court received a letter from the Superintendent of Police confirming the death. The issue before the court was whether the appeal could continue in the absence of the appellant. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no near relative files an application for leave to continue. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • What is the effect of the appellant's death on a pending criminal appeal when no near relative applies for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.452 of 1998
                 ======================================================
                 Nand Kishore Kahar, son of late Lal Mohar Kahar @ Lalmuni Kahar, resident
                 of Muhalla- Kabirganj, Sasaram, P.S.- Sasaram, District- Rohtas

                                                                           ... ... Appellant/s
                                                   Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Advocate
                 For the Respondent/s   :      Dr. Mayanand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   19-03-2026                 Perused the Letter No.401 dated 19.02.2026 of the

                   Superintendent of Police, Rohtas along with the Report No. 464

                   dated 08.02.2026 of Police Inspector cum SHO, Sasaram Town

                   Police Station, wherein it is indicated that during enquiry it came to

                   light that the sole appellant Nand Kishore Kahar @ Nand Kishore

                   Kahar, is died.

                               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 disposed of.

                               3. Let the trial court record be sent back to the concerned
             Patna High Court CR. APP (DB) No.452 of 1998(6) dt.19-03-2026
                                                         2/2




                       court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)



                                                   (Harish Kumar, J)
uday/-

U        T


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