Patna High Court
BASUDEO SAHNIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative applied for leave to continue it, per Section 394 CrPC.
Summary
The appellant, Basudeo Sahni, filed a criminal appeal (DB) No.96 of 2010 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police report and death certificate. No near relative filed an application for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application, the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without an application by a near relative.
- Whether Section 394 of the CrPC (or its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita) mandates abatement of the appeal in such circumstances.
Legislation cited
- Bharatiya 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.96 of 2010
======================================================
Basudeo Sahni, Son Of Nanhak Sahni, Resident Of Village- Gaura, P.S.
Paroo, District- Muzaffarpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar @ S.K, Advocate
For the Respondent/s : Mr.D.K.Sinhaapp, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 06-05-2026 Perused the Letter No. 654 dated 30.04.2026 of the
Senior Superintendent of Police, Muzzaffapur along with the
report dated 29.04.2026 of the S.H.O., Paroo P.S., wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Basudeo Sahani, is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said report 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.96 of 2010(3) dt.06-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
U T
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