Patna High Court

Damodar SoutversusThe State Of Bihar

Decided: 13 March 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The criminal appeal stands abated and is disposed of as the appellant is dead and no near relative filed an application under Section 394 of the CrPC.

Summary

Damodar Sout appealed a conviction, but during the pendency of the appeal he died. The police submitted reports confirming his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that a criminal appeal abates if the appellant dies and no near relative applies to continue it. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the trial court.

Issues considered

Does a criminal appeal abate upon the death of the appellant when no near relative seeks leave to continue the appeal under Section 394 CrPC?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

Subjects

criminal appeal
abatement
death of appellant
Section 394 CrPC
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.769 of 2012
                        Arising Out of PS. Case No.-202 Year-1986 Thana- BANKA District- Banka
                 ======================================================
                 Damodar Sout S/O Late Hari Sout R/O Village - Simrakola, Police Station -
                 Banka, District - Banka

                                                                                  ... ... Appellant/s
                                                       Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ajay Mukherjee, Advocate
                 For the Respondent/s    :        Mr. D.K.Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-03-2026                    Perused the Letter No. 141 dated 10.02.2026 of the

                   Superintendent of Police, Banka, along with Memo No. 687 of

                   2026 dated 06.02.2026 of the Sub-Inspector of Police, Banka

                   Police Station, wherein it is indicated that during the enquiry it

                   came to light that the sole appellant, namely, Damodar Sout, is

                   dead.

                               2. In view of the said report and Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   and since no near relative has filed any application seeking

                   leave to continue the appeal, the Criminal Appeal stands abated

                   and is disposed of accordingly.
         Patna High Court CR. APP (DB) No.769 of 2012(3) dt.13-03-2026
                                                     2/2




                                3. Let the Trial Court Records be sent back to the

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U

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