Patna High Court
SURESH SAHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed as the appellant is deceased and no near relative has applied for leave to continue the appeal.
Summary
The appellant, Suresh Sah, filed a criminal appeal (DB) No. 779 of 2009 before the Patna High Court. During the pendency of the appeal, the court received a letter and report confirming that the appellant had died, as evidenced by a death certificate. The court examined the applicability of Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no near relative seeks leave to continue. 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 record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to proceed
- Whether Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal in such circumstances
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.779 of 2009
======================================================
Suresh Sah, S/o Late Gena Sah, R/o Village-Chausima, P.S.-Sadar, P.O.-
Kharauna Dih, Dist.-Muzaffarpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sumant Singh, Adv.
For the Respondent/s : Mr. A.Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 14-05-2026 Perused the Letter No. 964 dated 10.05.2026 of the
Superintendent of Police, Samastipur, along with the report
dated 10.05.2026 of Police Inspector-cum-S.H.O., Sadar P.S.,
Muzaffarpur, as well as the Death Certificate issued on
05.04.2013, issued by Department of Panning and
Development, Government of Bihar, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Suresh Sah, is dead.
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.779 of 2009(4) dt.14-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
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