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Patna High Court

GHURAN SADAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as no near relative filed an application for leave to continue.

Summary

The appellant, Ghuran Sada, died during the pendency of Criminal Appeal No.967 of 2010 before the Patna High Court. The court received a letter from the Superintendent of Police 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 cannot proceed unless a 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, directing the trial court records to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without a relative filing an application for leave to continue.

Legislation cited

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.967 of 2010
                 ======================================================
                 Ghuran Sada son of Late Bhola Sada, resident of village-Mohra Ghat Paras
                 Prubari Tola, Police Station-Alauli, District-Khagaria.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :    Mr.Ram Sumiran Rai, Advocate
                 For the Respondent/s   :    Mr. Abhimanyu Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   05-05-2026              Perused the Letter No. 438 dated 28.04.2026 of the

                   Superintendent of Police, Khagaria along with the report of

                   Police Sub Inspector, Alauli Police Station dated 28.04.2026,

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

                   the sole appellant Ghuran Sada, has died.

                            2. In view of the said letter 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. Certificate of death issued by Mukhiya of Gram

                   Panchayat Raj, Cherakhera, Block-Alauli, District-Khagaria has

                   also been enclosed with the said report.
           Patna High Court CR. APP (DB) No.967 of 2010(3) dt.05-05-2026
                                                       2/2




                               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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