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
- 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.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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