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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

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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