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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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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