Patna High Court
LALLAN SONI @ LALLAN JEE SONIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Lallan Soni, filed a criminal appeal (DB) No.902 of 2010 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 applicability of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave 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 of, with the trial court records to be returned to the lower court.
Issues considered
- Does the death of an appellant automatically abate a pending criminal appeal under Section 394 CrPC/Section 435 B.N.S. 2023?
- Is the filing of an application by a near relative required to continue the appeal after the appellant's death?
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.902 of 2010
======================================================
Lallan Soni @ Lallan Jee Soni, Son of Late Kanhaiya Lal Soni, Resident of
Mohalla-Sonartoli, Police Station-Siwan (T), District-Siwan.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Poonam Kumari, Advocate
For the Respondent/s : Mr. A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 492 dated 05.05.2026 of the
Superintendent of Police, Siwan along with the report of Police
Inspector cum S.H.O., Nagar Police Station, Siwan dated
03.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Lallan Soni @ Lallan Jee Soni
has died. Certificate of death of the appellant issued by Ward
Councillor of Ward No. 28, Nagar Parishad, Siwan 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.902 of 2010(3) dt.12-05-2026
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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