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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

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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