Patna High Court
KARU TANTIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under the applicable statutory provision.
Summary
The appellant, Karu Tanti, died during the pendency of Criminal Appeal No. 505 of 2010 before the Patna High Court. The court examined a letter from the Senior Superintendent of Police indicating the appellant's death and considered the procedural provisions governing the abatement of appeals upon the death of a party. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is deemed abated if no near relative files an application for leave to continue the appeal. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no near relative applies 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
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.505 of 2010
======================================================
Karu Tanti, S/o Jagdish Tanti, R/o Vill.-Tofir Diara (Anthawan) P.S.-Anti-
Chak (Kahalgaon), Dist.-Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajendra Kumar Jain, Advocate
For the Respondent/s : Mr.Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 07-05-2026 Perused the Letter No. 818 dated 01.05.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of Sub Inspector of Police cum S.H.O., Antichak Police
Station dated 30.04.2026, wherein it is indicated that during
enquiry it came to light that the sole appellant Karu Tanti has
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.
3. Let the trial court records be sent back to the
Patna High Court CR. APP (DB) No.505 of 2010(3) dt.07-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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