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Patna High Court

SANGEETA DEVIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated because the appellant died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Sangeeta Devi, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate issued by the Gram Panchayat Mukhiya. The court examined the letters from the Superintendent of Police and the SHO confirming the death. 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 the appellant dies and no near relative seeks leave to continue it. Since no such application was filed, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.

Issues considered

  • The appeal can continue after the death of the appellant without a near relative filing an application for leave to continue.

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.699 of 2009
                 ======================================================
                 Sangeeta Devi, Wife of Late Prabhu Sahani, Resident of Village-Jhaghapkada,
                 Police Station-Harsidhi, District-East Champaran.

                                                                             ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Dhananjay Kumar 2, Advocate
                 For the Respondent/s     :      Mr.A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   12-05-2026                    Perused the Letter No. 983 dated 08.05.2026 of the

                   Superintendent of Police, East Champaran, Motihari along with

                   the report of S.H.O., Harsidhi Police Station dated 03.05.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Sangeeta Devi has died. Certificate of death

                   of the appellant issued by Mukhiya of Gram Panchayat Raj,

                   Jaagapaakad, Block-Harsidhi, East Champaran, Motihari has

                   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

                   continue the appeal, the Criminal Appeal stands abated and
           Patna High Court CR. APP (DB) No.699 of 2009(4) dt.12-05-2026
                                                       2/2




                     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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