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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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