Patna High Court
ACHHELAL SAHNI @ ACHCHAIYA SAHANIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
- Bench
- NANI TAGIAANSUL
Holding
A criminal appeal is abated when the appellant dies, as the prosecution cannot continue against a deceased person.
Summary
The appellants in two criminal appeals (Cr. Appeal (DB) No.466 of 2004 and No.494 of 2004) died while the appeals were pending. The Superintendent of Police submitted reports confirming the deaths of all the appellants. The High Court examined the effect of the appellants' deaths on the pending criminal proceedings. It held that a criminal prosecution cannot continue against a deceased person, and therefore the appeals could not proceed. Consequently, the court ordered that the appeals stand abated.
Issues considered
- What is the legal effect on a pending criminal appeal when the appellant dies during the pendency of the appeal?
Subjects
- death of appellant
- abeyance of criminal proceedings
- criminal appeal
- pendency
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.466 of 2004
======================================================
ACHHELAL SAHNI @ ACHCHAIYA SAHANI
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 494 of 2004
======================================================
RAM BHAROS SAHANI
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 466 of 2004)
For the Appellant/s : Mr. Nachiketa Jha, Advocate
For the Respondent/s : Mr. APP
(In CRIMINAL APPEAL (DB) No. 494 of 2004)
For the Appellant/s : Mr. S.P.Srivastava, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE ANSUL @ ANSHUL RAJ
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
5 31-01-2026 Pursuant to order dated 11.12.2025 a living status
report of the accused appellants was called for. In response there
to, Superintendent of Police, East Champaran (Motihari)
submitted report dated 06.01.2026 wherein, it has been stated
that in Criminal Appeal (DB) No. 466 of 2004, appellant Nos. 1
and 2, namely, Acchelal Sahni @ Achchaiya Sahni and
Bhagirath Mishra, respectively, have died during the pendency
of this Cr. Appeal and in Criminal Appeal (DB) No. 494 of 2004
vide report dated 13.08.2025 submitted by the Superintendent of
Patna High Court CR. APP (DB) No.466 of 2004(5) dt.31-01-2026
2/2
Police, East Champaran (Motihari), wherein, it has been stated
that the sole appellant, namely, Ram Bharos Sahani has also
died during the pendency of this appeal.
2. In view of the above, the instant Criminal Appeals
filed by appellants stand abated.
3. Consigned to record.
(Nani Tagia, J)
( Ansul @ Anshul Raj, J)
Siddharth
Sagar/-
U T
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