Patna High Court
Baleshwar Saw and AnrversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the provisions of Section 394 CrPC (Section 435 BHSS 2023).
Summary
The appellants, Balesw ar Saw and his wife Sushila Devi, filed a criminal appeal (DB) No.910 of 2014 before the Patna High Court. During the pendency of the appeal, a police letter and report revealed that both appellants had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no such application was made, the Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when all parties to the appeal are deceased and no near relative seeks leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of parties
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.910 of 2014
Arising Out of PS. Case No.-64 Year-2012 Thana- ASHTHAWAN District- Nalanda
======================================================
1. Baleshwar Saw , Son of Aklu Saw
2. Sushila Devi @ Soshila Devi, Wife of Baleshwar Saw, Both Resident of
Village- Dumrawan, P.S.- Asthawan, District- Nalanda
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pankaj Kumar, Advocate
For the Respondent/s : Mr. A.Sharma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 24-04-2026 Perused the Letter No. 406 dated 14.02.2026 of the
Superintendent of Police, Nalanda along with the Report dated
11.02.2026 of the Sub-Inspector of Police, Asthawan Police
Station, Nalanda, wherein it is indicated that during enquiry it
came to light that both the appellants, namely, Baleshwar Saw
and Sushila Devi @ Soshila Devi, 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
Patna High Court CR. APP (DB) No.910 of 2014(4) dt.24-04-2026
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)
Neha/-
U
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