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Patna High Court

AYODHI MUKHIA @ AYODHIA MUKHIAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed because the appellant is deceased and no near relative applied for leave to continue.

Summary

The appellant, Ayodhi Mukhia, filed a criminal appeal (DB) No.1029 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. The court examined the letters from the Superintendent of Police and the SHO, 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 may be abated if the appellant is deceased and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal stands abated and disposed. The trial court record was ordered to be sent back to the concerned court.

Issues considered

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

Legislation cited

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.1029 of 2008
                 ======================================================
                 Ayodhi Mukhia @ Ayodhia Mukhia, S/o Late Sumrit Mukhia, R/o Jhitki, P.S.
                 Mahishi, Dist.-Saharsa

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. K.N.Diwakar, Adv.
                 For the Respondent/s   :     Mr. D.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   14-05-2026                 Perused the Letter No. 557 dated 10.05.2026 of the

                   Superintendent of Police, Saharsa, along with the report dated

                   10.05.2026 of S.H.O., Mahishi P.S., Saharsa, as well as the

                   Death Certificate issued on 13.03.2018, issued by Department

                   of Planning and Development, Government of Bihar, wherein it

                   is indicated that during enquiry it came to light that the sole

                   appellant, namely, Ayodhi Mukhia @ Ayodhia Mukhia, is dead.

                               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

                   disposed of.
             Patna High Court CR. APP (DB) No.1029 of 2008(3) dt.14-05-2026
                                                         2/2




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

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



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


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