Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.