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Patna High Court

SHANKAR SAHANIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated because the appellant died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Shankar Sahia, died during the pendency of Criminal Appeal No. 963 of 2011. The court examined a letter from the Superintendent of Police and a police report confirming the death, along with a death certificate issued by the village Mukhiya. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative files an application to continue it. Since no such application was filed, the High Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
  • Whether Section 394 CrPC (or its counterpart Section 435 B.N.S. 2023) mandates abatement of the appeal under the stated circumstances.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.963 of 2011
                 ======================================================
                 Shankar Sahani, Late Garechun Sahani, Resident of Village-Damobriti P.S.
                 Harsidhi, East Champaran

                                                                          ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Sharda Nand Mishra, Advocate
                 For the Respondent/s   :     Mr.G.P.Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   12-05-2026                 Perused the Letter No. 982 dated 08.05.2026 of the

                   Superintendent of Police, East Champaran, Motihari along with

                   the report of S.H.O., Harsidhi Police Station dated 06.05.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Shankar Sahani has died. Certificate of death

                   of the appellant issued by Mukhiya of Gram Panchayat Raj,

                   Bhada, Block-Harsidhi, East Champaran, Motihari has also been

                   enclosed with the said report.

                               2. In view of the said letters 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
           Patna High Court CR. APP (DB) No.963 of 2011(3) dt.12-05-2026
                                                       2/2




                     disposed of.

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

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



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


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