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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

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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