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Patna High Court

BHUSAN CHOUBEYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no near relative has applied for leave to continue, as mandated by Section 394 of the CrPC.

Summary

The appellant, Bhusan Choubey, filed a criminal appeal (DB) No.1125 of 2006 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police and other officials submitted letters and reports confirming that the appellant had died. The Court examined whether the appeal could continue in the absence of the appellant and without any application from a near relative. It referred to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no relative seeks leave to continue. Since no near relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of by the Court.

Issues considered

  • Whether a criminal appeal stands abated when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC.

Legislation cited

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.1125 of 2006
                 ======================================================
                 Bhusan Choubey, Son of Late Sheo Nath Choubey, Resident of Village-
                 Bhopatipur, Police Station- Kuchaikot, District- Gopalganj.

                                                                           ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Kumar Veerendra Narayan, Adv.
                 For the Respondent/s   :     Mr.
                 ======================================================
                 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. 861 dated 11.05.2026 of the

                   Superintendent of Police, Gopalganj along with the Report

                   dated 10.05.2026 of Additional S.H.O., Kuchaikot P.S.,

                   Gopalganj as well as Report of the Ward Member, Gram

                   Panchayat Raj Rampur, Khareya, wherein it is indicated that the

                   sole appellant, namely, Bhusan Choubey 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.1125 of 2006(3) dt.14-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other cases.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
Anjani/-

U      T


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