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Patna High Court

SHANTI DEVI and ANRversusSTATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The appeal stands abated and is disposed of.

Summary

The appellants in two criminal appeals – Shanti Devi and Sujit Kumar Singh in Appeal No.487, and Pitambar Singh in Appeal No.489 – were reported dead by the Superintendent of Police. No near relative filed an application seeking leave to continue the appeals. 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 on the death of a party. Since no application was made, the Court held that the appeals stand abated. Consequently, both appeals were disposed of without further hearing.

Issues considered

  • Whether a criminal appeal is abated on the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC.

Legislation cited

Subjects

  • Criminal Appeal
  • Abatement
  • Death of Appellant
  • Section 394 CrPC
  • Procedural Law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.487 of 1996
                 ======================================================
                 1. Shanti Devi wife of Pitambar Singh
                 2. Sujit Kumar Singh son of Pitambar Singh both resident of village-Chechar,
                 P.S.-Vidupur, District-Vaishali.
                                                                             ... ... Appellant/s
                                                    Versus
                 The State of Bihar.
                                                                          ... ... Respondent/s
                 ======================================================
                                                      with
                                 CRIMINAL APPEAL (DB) No. 489 of 1996
                 ======================================================
                 Pitambar Singh Son of Late Aahip Narayan Singh, resident of village-
                 Chechar, P.S.-Vidupur, District-Vaishali.
                                                                     ... ... Appellant/s
                                                     Versus
                 The State of Bihar.
                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL APPEAL (DB) No. 487 of 1996)
                 For the Appellant/s  :    Mr. Nachiketa Jha, Advocate
                 For the Respondent/s :    Mr. Sujit Kumar Singh, A.P.P.
                 (In CRIMINAL APPEAL (DB) No. 489 of 1996)
                 For the Appellant/s  :    Mr. Nachiketa Jha, Advocate
                 For the Respondent/s :    Mr. Sujit Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   20-02-2026                  Re: Criminal Appeal (DB) No. 487 of 1996

                               Perused the Letter No. 341 dated 13.02.2026 issued

                   by the Superintendent of Police, Muzaffarpur, along with the

                   report of the S.H.O., Bidupur, Vaishali annexed thereto, wherein

                   it has been mentioned that both the appellants, namely, Shanti

                   Devi and Sujit Kumar Singh, have died.

                               2. In view of the said letter and having regard to
             Patna High Court CR. APP (DB) No.487 of 1996(3) dt.20-02-2026
                                                         2/2




                       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.

                                    Re: Criminal Appeal (DB) No. 489 of 1996

                                    Perused the Letter No. 342 dated 13.02.2026 issued

                       by the Superintendent of Police, Muzaffarpur, along with the

                       report of the S.H.O., Bidupur, Vaishali annexed thereto, wherein

                       it has been mentioned that the sole appellant, namely, Pitambar

                       Singh, has died.

                                    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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