Patna High Court
SUDARSHAN PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- DISPOSED
Holding
The appeal stands abated and is disposed of as the appellant has died and no relative sought leave to continue.
Summary
The appellant, Sudarshan Prasad, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by a letter from the Superintendent of Police and a death certificate. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which govern the abatement of criminal proceedings upon the death of the accused. No near relative applied for leave to continue the appeal. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant under Section 394 CrPC (Section 435 B.N.S.).
- Whether the absence of an application by a near relative necessitates abatement of the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- death of appellant
- abatement
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.462 of 1997
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Sudarshan Prasad son of Dhyan Prasad, resident of Village-Kalyanpur, P.S.-
Khargahar, District-Rohtas at Sasaram. ... ... Appellant/s
Versus
The State of Bihar. ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. S. N. Singh, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 20-02-2026 Perused Letter No. 53 dated 14.01.2026 of the
Superintendent of Police, Rohtas, along with the report of the
S.H.O., Kargahar, Rohtas, annexed thereto, wherein it is
mentioned that the appellant, Sudarshan Prasad, has died, and
the death certificate of the appellant has also been annexed to
the said letter.
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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