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
- 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.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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