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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.