Patna High Court
JHAPSI CHAUDHARYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative filed an application for leave to continue.
Summary
The appellant, Jhapsi Chaudhary, filed a criminal appeal which was pending when he died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no relative seeks its continuation. Accordingly, the Court held that the appeal could not proceed. The appeal was therefore 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?
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.1167 of 2007
======================================================
Jhapsi Chaudhary, Son of Late Somar Chaudhary, Resident of Village-
Dhurgaon, P.S.- Ekangarsarai, Dist.- Nalanda.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Umesh Chandra Verma, Adv.
For the Respondent/s : Mr. Ajay Mishra, App
======================================================
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. 1135 dated 06.05.2026 of
the Superintendent of Police, Nalanda, along with the report
dated 05.05.2026 of S.H.O.- Ekangarsarai Thana P.S., Nalanda,
as well as the Death Certificate issued on 18.01.2023, by the
Registrar (Birth & Death), Gram Panchayat, Dhurgaon, wherein
it is indicated that during enquiry it came to light that the sole
appellant, namely, Jhapsi 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.1167 of 2007(3) dt.14-05-2026
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)
Anjani/-
U T
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