Patna High Court
SHEO KUMAR GIRIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Sheo Kumar Giri, filed a criminal appeal (DB) No.504 of 2005 before the Patna High Court. During the pendency of the appeal, the court received a letter and reports confirming that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application for leave to continue it. No such application was filed by any relative of the deceased appellant. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal
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.504 of 2005
======================================================
Sheo Kumar Giri, Son of Late Chandradeo Giri, resident of Village-Ankorha,
P.S.-Mali, District-Aurangabad.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raju Giri, Adv.
Mr. Zakir Haider, Adv.
For the Respondent/s : Mr. Bipin Kumar, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 14-05-2026 Perused the Letter No. 1179 dated 29.04.2026 of
the Deputy Superintendent of Police, Auragabad along with the
Report dated 28.04.2026 of S.H.O., Mali P.S. as well as Report
dated 07.02.2026 issued by the Mukhiya, Gram Panchayat
Ankorha, Navinagar, Aurangabad, wherein it is indicated that
the sole appellant, namely, Sheo Kumar Giri is dead.
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.504 of 2005(4) dt.14-05-2026
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)
Anjani/-
U T
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