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Patna High Court

KAMLESHWARI SAH @ BAMTHU SAHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a relative.

Summary

The appellant, Kamleshwari Sah, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a police superintendent's letter, a police report, and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no relative applies to continue. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no relative applies 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.945 of 2009
                 ======================================================
                 KAMLESHWARI SAH @ BAMTHU SAH S/O Late Yadu Sah R/O Vill.-
                 Itahara, P.S.- Araria, Distt.- Araria

                                                                          ... ... Appellant/s
                                                  Versus
                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ramesh Kumar Singh, Advocate
                 For the Respondent/s   :     Mr. Abhimanyu Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   15-05-2026                    Perused the Letter No. 670 dated 03.05.2026 of the

                   Superintendent of Police, Araria, along with the Report dated

                   02.05.2026 of the S.H.O., R.S. Police Station, Araria as well as

                   the Death Certificate, which was issued by the Department of

                   Planning and Development, Government of Bihar; wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Kamleshwari Sah @ Bamthu Sah, is 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

                   disposed of.
             Patna High Court CR. APP (DB) No.945 of 2009(5) dt.15-05-2026
                                                         2/2




                                    3. Let the trial court records be sent back to the

                       concerned court immediately, if not required in any other cases.




                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
Neha/-

U        T


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