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
- Bhartiya 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.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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