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Patna High Court

JAI NARAIN SHARMAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of due to the appellant's death and lack of any application by a near relative.

Summary

The appellant, Jai Narain Sharma, filed a criminal appeal (DB) No.578 of 2002 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal after his death. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application, the appeal cannot proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without an application by a near relative for leave to continue?

Legislation cited

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.578 of 2002
                 ======================================================
                 JAI NARAIN SHARMA Son of late Jagdish Sharma, Resident of Village-
                 Biropur, P.S. Hajipur Sadar, District- Vaishali

                                                                           ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Pramod Mishra, Advocate
                 For the Respondent/s   :     Mr.Pankaj Kumar Das, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   05-05-2026                    Perused the Letter No. 543 dated 24.04.2026 of the

                   Superintendent of Police, Vaishali along with the report dated

                   22.04.2026 of the Police Inspector-cum-S.H.O., Sadar P.S.

                   Hajipur, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Jai Narain Sharma, is dead

                   and the death certificate of the appellant is annexed with the

                   said report.

                               2. In view of the said report 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.578 of 2002(4) dt.05-05-2026
                                                        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)
guddukr/-

U      T


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