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Patna High Court

SUDARSHAN BELDAR @ FATAKIYAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

An appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 of the CrPC (or Section 435 of the Bharatiya Nagarik Suraksha Sanhita).

Summary

The appellant, Sudarshan Beldar, filed a criminal appeal (DB) No. 747 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, dealing with the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and the case was disposed, with the trial court records to be sent back to the lower court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant if no relative applies for leave to continue the appeal under the applicable procedural law?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • procedural law
  • section 394 CrPC
  • section 435 Bharatiya Nagarik Suraksha Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.747 of 2004
                 ======================================================
                 Sudarshan Beldar @ Fatakiya, Son of Shankar Beldar, Resident of Mohalla-
                 Kharkhura, Bhaluahi, Police Station-Delha, District-Gaya.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Manindra Kishore Singh, Advocate
                 For the Respondent/s     :      Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   08-05-2026                    Perused the Letter No. 583 dated 19.02.2026 of the

                   Senior Superintendent of Police, Gayaji along with the report of

                   Police Inspector cum S.H.O., Delha Police Station, Gayaji dated

                   17.02.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Sudarshan Beldar @ Fatakiya has

                   died. Certificate of death issued by Ward Councillor of Ward

                   No. 3, Gaya Nagar Nigam, Gayaji 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.747 of 2004(5) dt.08-05-2026
                                                       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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