Patna High Court
Fuljharo Kunwar @ Fuljharo DeviversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative filed an application for leave to continue.
Summary
The appellant, Fuljharo Kunwar, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant was found to be deceased. The court examined a letter from the Superintendent of Police and a police report confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue under Section 394 CrPC
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of appellant
- Section 394 CrPC
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1005 of 2015
Arising Out of PS. Case No.-32 Year-2014 Thana- AGIAON District- Bhojpur
======================================================
Fuljharo Kunwar @ Fuljharo Devi, Wife of late Bira Pandit, Resident of
Village- Chaibhachak, P.s Agianon Garahari, District Bhojpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prabhat Kumar Singh, Adv.
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)
4 17-04-2026 Perused the Letter No. 293 dated 17.02.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 07.02.2026 of S.H.O, Agiaon Police Station, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Fuljharo Kunwar @ Fuljharo Devi, is dead.
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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.1005 of 2015(4) dt.17-04-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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