Patna High Court
SITA DEVIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no application for leave to continue was filed after the appellant's death.
Summary
The appellant, Sita Devi, died during the pendency of her criminal appeal against the State of Bihar, as evidenced by police reports and a death certificate. The court examined whether the appeal could continue after the appellant's death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if no near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue under CrPC Section 394.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of appellant
- CrPC Section 394
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.946 of 2007
======================================================
Sita Devi, wife of Sambhu Nath Singh, Resident of Village- Batraul, P.S.
Lalganj, District- Vaishali
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Jitendra Narain Sinha, Advocate
For the Respondent :
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the report dated 07.05.2026 of the
Superintendent of Police, Vaishali along with the report dated
29.04.2026 of the Sub-Inspector of Police-cum-S.H.O., Lalganj
Police Station, Vaishali, which indicate that the sole appellant
Sita Devi 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 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.946 of 2007(3) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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