Patna High Court
SHEO LALL BHUIANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal is abated and disposed of when the appellant dies and no near relative files an application for leave to continue, as mandated by Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita).
Summary
The appellant, Sheo Lall Bhuian, filed a criminal appeal (DB) No.471 of 2005 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal after his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no application is made. Accordingly, the Court held that the appeal stands abated and is disposed of. The trial court records were ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (now Sec. 435 BNS 2023)?
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.471 of 2005
======================================================
Sheo Lall Bhuian, Son of Jethee Bhuian, Resident of Village-Hathipur, Police
Station-Gurua, District-Gaya.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kunwar Naryan Jamuar, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 1186 dated 03.05.2026 of the
Senior Superintendent of Police, Gaya along with the report of
S.H.O., Gurua Police Station dated 02.05.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Sheo Lall Bhuian has died. Certificate of death issued
by Ward Member of the Ward No. 12, Police Station-Gurua,
Gaya has also been enclosed with the said report.
2. In view of the said letters 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.
Patna High Court CR. APP (DB) No.471 of 2005(4) dt.08-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.