Patna High Court
DAIJI DEVI @ DAIJEE DEVIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative sought leave to continue the appeal under Section 394 CrPC.
Summary
The appellant, Daiji Devi, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973, which mirrors Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the abatement of appeals upon the death of a party. No near relative applied for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the concerned court.
Issues considered
- Does the death of an appellant automatically abate a criminal appeal under Section 394 CrPC?
- Is leave to continue the appeal required from a near relative to prevent abatement?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- death of appellant
- abated appeal
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.114 of 2002
======================================================
Daiji Devi @ Daijee Devi, Wife of Basudeo Thakur, Resident of Village-
Singhwara, Police Station-Singhwara, District-Darbhanga.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Manoj Kumar 1, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 26-05-2026 Perused the Letter No. 208 dated 11.02.2026 of the
Senior Superintendent of Police, Darbhanga along with the
report of S.H.O., Singhwara Police Station dated 09.02.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Daiji Devi @ Daijee Devi has died.
Certificate of death of the appellant issued by Ward Councillor
of Ward No. 8, Nagar Panchayat, Singhwara, Darbhanga has
also been enclosed with the said reports.
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
Patna High Court CR. APP (DB) No.114 of 2002(4) dt.26-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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