Patna High Court
SAROJ SAOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no application for leave to continue was filed by a near relative.
Summary
The appellant, Saroj Sao, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a death certificate annexed to police reports. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without such an application. Consequently, the Court held that the appeal stands abated. The trial court record was ordered to be sent back to the lower court, and the appeal was disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without an application by a near relative.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.633 of 2009
======================================================
Saroj Sao S/o Chamru Sao, R/o Vill. Kantari, P.S. Deo, District – Aurangabad.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Dr. Shashi S. Kishore, Advocate
For the Respondent/s : Mr. G.P.Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURAB,LE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 1264, dated 02.05.2026 of the
Deputy Superintendent of Police, Aurangabad along with the
report dated 30.04.2026 of the Sub-Inspector of Police, Deo
P.S., wherein it is indicated that during enquiry, it came to light
that the sole appellant, namely, Saroj Sao, is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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 record be sent back to the
Patna High Court CR. APP (DB) No.633 of 2009(4) dt.08-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
shailendra/-
U
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