Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.