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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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