Patna High Court
KHEDAN TURHAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death and lack of a relative's application for leave to continue.
Summary
The appellant, Khedan Turha, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, it was discovered that the appellant had died, and a death certificate was submitted. No near relative filed an application for leave to continue the appeal. 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 the appeal could not proceed and was therefore 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 after the death of the sole appellant in the absence of an application by a near relative for leave to proceed
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.458 of 2003
======================================================
KHEDAN TURHA, Son of Late Ganga Dayal Turha, Resident of Village-
Bharauli, P.S. Shahpur, District Bhojpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Purusottam Kumar Singh, Advocate
For the Respondent/s : Mr.Pp.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 05-05-2026 Perused the supplementary affidavit filed on behalf
of the respondent which was duly sworn by one Manoj Kumar
Sudhanshu, Deputy Superintendent (Traffic) Bhojpur, along
with the report dated 09.01.2026 of Additional S.H.O., Shahpur
P.S., wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Khedan Turha, is dead and the
death certificate of the appellant is annexed with the said
affidavit.
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.458 of 2003(10) dt.05-05-2026
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)
guddukr/-
U T
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