Patna High Court
NANHAKI PASWAN @ TUSAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue the appeal.
Summary
The appellant, Nanhaki Paswan, died during the pendency of Criminal Appeal No. 659 of 2002 before the Patna High Court. The court received a letter from the Senior Superintendent of Police confirming the death, along with police reports. 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 files an application for leave to continue the appeal. Since no such application was filed, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.659 of 2002
======================================================
Nanhaki Paswan @ Tusa, Son of Late Lakhan Pawan, Resident of Village-
Garbhuchak, P.S.- Fatwah, District- Patna.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhavendra Prasad Singh, Adv.
For the Respondent/s : Mr. Binod Bhiari Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 17-04-2026 Perused the Letter No. 725 dated 06.03.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 26.02.2026 of S.H.O, Nadi Police Station, Patna and the
Report of the Ward Councilor of Ward No. 04 of Municipal
Corporation, Fathua, Patna; wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Nanhaki
Paswan @ Tusa, is dead.
2. In view of the said letter 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.659 of 2002(3) dt.17-04-2026
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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