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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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