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Patna High Court

BALDEO SHARMAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant died and no near relative applied for leave under the statutory provision.

Summary

The appellant, Baldeo Sharma, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a death certificate and police reports. The court examined the relevant provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back.

Issues considered

  • Can a criminal appeal continue after the death of the appellant?
  • Is an application by a near relative required to seek leave to continue the appeal under the applicable statutory provision?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.502 of 2006
                 ======================================================
                 Baldeo Sharma, Son of Late Shyamlal Sharma, Resident of Village-Halimpur,
                 Police Station-Naya Ramnagar, District-Munger.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Surendra Kishore Thakur, 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. 522 dated 02.05.2026 of the

                   Superintendent of Police, Munger along with the report of

                   S.H.O., Safiasarai Police Station, Munger dated 02.05.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Baldeo Sharma has died. Certificate of death

                   of the appellant issued by Mukhiya of Gram Panchayat 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.502 of 2006(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


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