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Patna High Court

BALDEO CHAUDHARYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Baldeo Chaudhary, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the police reports dated 06.05.2026 revealed that the appellant had died and a death certificate was attached. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue it. No such application was filed by any relative. Consequently, the Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.

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.109 of 2003
                 ======================================================
                 Baldeo Chaudhary S/o Prayag Chaudhary, R/o- Vill.- Daniyalpur, P.S. Teghra,
                 District- Begusarai.

                                                                           ... ... Appellant/s
                                                   Versus
                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Syed Arshad Alam, Advocate
                 For the Respondent/s   :     APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                      Perused the report dated 06.05.2026 of the

                   Superintendent of Police, Begusarai along with the report dated

                   06.05.2026 of the Sub-Inspector of Police-cum-S.H.O., Teghra

                   P.S., wherein it is indicated that during enquiry, it came to light

                   that the sole appellant, namely, Baldeo Chaudhary is dead and

                   the death certificate of the appellant is annexed with the said

                   report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.109 of 2003(3) dt.13-05-2026
                                                        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)
shailendra/-

U       T


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