Patna High Court
BASANT CHAUDHARYversusTHE STATE 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, Basant Chaudhary, filed a criminal appeal (DB) No.1116 of 2011 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. 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 dies and no near relative applies for leave to continue it. No relative filed such an application. 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 in the absence of an application by a near relative for leave to continue the appeal
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.1116 of 2011
Arising Out of PS. Case No.-206 Year-2003 Thana- DEEPNAGAR District- Nalanda
======================================================
Basant Chaudhary S/O Late Matlu Chaudhary Resident Of Village
Jamalichak, P.S. Deep Nagar, District Nalanda At Biharsarif.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sudhir Kumar Upadhyay, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 26-05-2026 Perused the Letter No. 330 dated 11.02.2026 of the
Superintendent of Police, Nalanda along with the Report dated
08.02.2026 of the S.H.O, Deep Nagar Police Station, Nalanda,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Basant Chaudhary, 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.
Patna High Court CR. APP (DB) No.1116 of 2011(4) dt.26-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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