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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

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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