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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

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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