Patna High Court
JAGAN SAHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative filed an application for leave to continue.
Summary
The appellant, Jagan Sah, filed a criminal appeal (DB) No.657 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant was found to have died, as evidenced by a police letter, an SHO report, and a death certificate. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide for abatement of an appeal when the appellant dies and no near relative seeks leave to continue. Since no relative filed such an application, the Court held that the appeal could not 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 stands abated when the appellant dies and no near relative applies for leave to continue the appeal under the applicable procedural law.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of appellant
- Section 394 CrPC
- Section 435 B.N.S. 2023
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.657 of 2006
======================================================
Jagan Sah, Son of Late Raja Sah, Resident of Village- Bishrampur, P.S.-
Dinara, Dist- Rohtas.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Narendra Kumar, Adv.
For the Respondent/s : Mr. Binod Bihari Singh, APP.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 12-05-2026 Perused the Letter No. 1051 dated 11.05.2026 of the
Superintendent of Police, Rohtas, along with the report dated
02.05.2026 of S.H.O.- Bhanas P.S., Rohtas, as well as the
certificate of death dated 02.05.2026, issued by Sarpanch, Gram
Kutchery Samhuti, Block Dinara, Dist- Rohtas, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Jagan Sah, is dead.
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
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.657 of 2006(5) dt.12-05-2026
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)
supratim/-
U T
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