Patna High Court
TARA DEVIversusSTATE FO BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no application for leave to continue was filed after the appellant's death.
Summary
The appellant, Tara Devi, died during the pendency of Criminal Appeal No.1117 of 2006, as evidenced by a death certificate annexed to police reports. The Court examined the reports and noted that no near relative had filed an application for leave to continue the appeal after her death. 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 without such an application. Consequently, the Court held that the appeal stands abated. The trial court record was ordered to be sent back to the concerned court. The appeal was therefore disposed of.
Issues considered
- Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to continue?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure
- Section 394 CrPC
- Section 435 BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1117 of 2006
======================================================
Tara Devi wife of Bihari Das, R/o Vill. Rarar, P.S. Sanhaula, District -
Bhagalpur
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr. Subodh Prasad, 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 03.05.2026 of the Senior
Superintendent of Police, Bhagalpur along with the report dated
02.05.2026 of the S.H.O., Sanhaula P.S., wherein it is indicated
that during enquiry, it came to light that the sole appellant,
namely, Tara Devi, 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.1117 of 2006(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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