Patna High Court
KAMESHWAR CHAUDHARYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Kameshwar Chaudhary, filed a criminal appeal (DB) No.1135 of 2006 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police and local officials reported that the appellant had died. The Court examined these reports and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to continue?
- Does Section 394 CrPC (or its equivalent Section 435 BNS) mandate abatement of the appeal in such circumstances?
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.1135 of 2006
======================================================
Kameshwar Chaudhary, son of late Jago Chaudhary, resident of village-
Lachhuar, Police Station- Sikandra, District- Jamui.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Parmanand Pd.Nr. Sahi, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No.529 dated 05.05.2026 of the
Superintendent of Police, Jamui along with the Report dated
02.05.2026 of SHO, Lacchuar Police Station as well as Report
dated 02.05.2026 of the Ward Member, Ward No.11 of Gram
Panchayat Raj Bhullo, Sikandara, Jamui wherein it is indicated
that during enquiry it came to light that the appellant, namely,
Kameshwar Chaudhary, 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.
Patna High Court CR. APP (DB) No.1135 of 2006(3) dt.11-05-2026
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)
uday/-
U T
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