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Patna High Court

SUNIL SHARMAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application under Section 394 CrPC.

Summary

The appellant Sunil Sharma filed a criminal appeal, but during the pendency of the appeal the appellant died, as evidenced by a death certificate annexed to a police report. The court examined the report and noted that no near relative had applied for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without such an application. Consequently, the court held that the appeal stands abated. The appeal was therefore 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 after the death of the appellant when no near relative files an application for leave to continue?

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.938 of 2009
                 ======================================================
                 Sunil Sharma S/o Late Janeshwar Singh Resident of Village Murhara, P.S.-
                 Sakurabad, District-Jehanabad.

                                                                            ... ... Appellant/s
                                                  Versus

                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Md. Imteyaz Ahmad, 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)

8   08-05-2026                   Perused the Letter No. 363 dated 03.05.2026 of the

                   Superintendent of Police, Jehanabad along with the report dated

                   03.05.2026 of the S.H.O., Sakurabad P.S., wherein it is indicated

                   that during enquiry, it came to light that the sole appellant,

                   namely, Sunil Sharma, is dead and the death certificate of the

                   appellant is annexed with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.938 of 2009(8) dt.08-05-2026
                                                       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)
shailendra/-

U


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