Patna High Court
HARUNI PASWAN and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue.
Summary
The appellants, Haruni Paswan and Thakuni Devi, died during the pendency of their criminal appeal before the Patna High Court. The court examined a police letter and death certificate confirming their deaths. 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 applies for leave to continue the proceedings. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be returned.
Issues considered
- Whether a criminal appeal can continue when the appellant has died
- Whether Section 394 CrPC (or its counterpart Section 435 BNS Sanhita) mandates abatement of the appeal in the absence of an application by a near relative
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.632 of 2008
======================================================
1.Haruni Paswan, Son of Late Jeewan Paswan.
2.Thakuni Devi, Wife of Haruni Paswan.
Both are residents of Village-Meghapatti, Police Station-Hathauri, District-
Samastipur.
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Jitendra Narain Sinha, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 12-05-2026 Perused the Letter No. 819 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report of
S.H.O., Hathauri Police Station, Samastipur dated 08.05.2026,
wherein it is indicated that during enquiry it came to light that
the appellants Haruni Paswan and Thakuni Devi, have died.
Certificate of death of the appellants issued by Mukhiya of
Gram Panchayat Raj, Bandhar, Block-Shivaji Nagar, Samastipur
have 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
Patna High Court CR. APP (DB) No.632 of 2008(6) dt.12-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
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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