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Patna High Court

RAM NARESH SAHANIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue under the applicable statutory provision.

Summary

The appellant, Ram Naresh Sahani, died while his criminal appeal was pending before the Patna High Court. The court examined a letter from the Superintendent of Police and a report from the SHO indicating the appellant's death. The legal question was whether the appeal could continue in the absence of a near relative filing an application for leave to continue. 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 must abate if no near relative applies. Consequently, the appeal was abated and disposed of, and the trial court record was 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 files an application for leave to continue the appeal under Section 394 CrPC/Section 435 BNS?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNS
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.487 of 2001
                 ======================================================
                 Ram Naresh Sahani, son of Sitaram Sahni of Village- Balwa, P.S.- Pipra,
                 District- East Champaran.

                                                                             ... ... Appellant/s
                                                   Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Parmanand Pd. Nr. Sahi, Advocate
                                               Mr. Sunil Kumar, 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)

3   19-03-2026                  Perused the Letter No.421 dated 24.02.2026 of the

                   Superintendent of Police, East Champaran, Motihari along with

                   the Report No. 210 dated 14.02.2026 of SHO, Pipra Police

                   Station, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Ram Naresh Sahani, is

                   died.

                                2. In view of the said letter 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.487 of 2001(3) dt.19-03-2026
                                                         2/2




                                    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)
uday/-

U        T


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