Patna High Court
DAROGA SAHANIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the appellant's death and the absence of any application by a near relative.
Summary
The appellant, Daroga Sahani, filed a criminal appeal (DB) No.962 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal. 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 upon the death of a party when no representative steps forward. Accordingly, the Court held that the appeal stands abated and is disposed of. The trial court record is to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative applies for leave to continue the appeal under the applicable procedural law?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.962 of 2008
======================================================
Daroga Sahani, Son Of Late Harruni Sahni, Resident Of Village- Jhapnha
Dih, P.S.- Ahiyapur, District- Muzaffarpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Vinod Kumar Seth, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 11-05-2026 Perused the Letter No. 730 dated 05.05.2026 of the
Senior Superintendent of Police, Muzaffarpur along with report
dated 03.05.2026 of the Sub-Inspector of Police, Ahiyapur P.S.,
Muzaffarpur, wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Daroga Sahani, 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.
Patna High Court CR. APP (DB) No.962 of 2008(7) dt.11-05-2026
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)
guddukr/-
U T
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