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Patna High Court

MURAHU PASWAN and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative applied for leave to continue under Section 394 CrPC.

Summary

The appellants, Murahu Paswan and Lather Paswan, filed a criminal appeal (DB) No.864 of 2006 against the State of Bihar. While the appeal was pending, the Superintendent of Police reported that both appellants had died. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the criminal appeal was disposed of. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • The appeal can continue despite the death of the appellants if a near relative applies for leave to continue.
  • The applicability of Section 394 CrPC (now Section 435 B.N.S. 2023) to abate a pending criminal appeal when the appellant is deceased.

Legislation cited

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.864 of 2006
                 ======================================================
                 1. Murahu Paswan, Son of Late Gaya Paswan.
                 2. Lather Paswan, Son of Late Lagan Paswan.
                 Both resident of Village-Majhui, P.O.-Sirsee, P.S.-Chainpur, District-Kaimur
                 at Bhabua.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Ravi Shankar Sahay, Advocate
                 For the Respondent/s   :      Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   07-05-2026                   Perused the Letter No. 586 dated 30.04.2026 of the

                   Superintendent of Police, Kaimur (Bhabua) along with the

                   Report dated 28.04.2026 of the A.S.I., Chainpur Police Station,

                   Kaimur (Bhabua), wherein it is indicated that during enquiry it

                   came to light that the both appellants, namely, Murahu Paswan

                   and Lather Paswan, are dead.

                               2. In view of the said letter 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

                   disposed of.
         Patna High Court CR. APP (DB) No.864 of 2006(4) dt.07-05-2026
                                                     2/2




                                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)
Neha/-

U


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