Patna High Court
ARCHANA KUMARI and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue.
Summary
The appellants Archana Kumari, Girija Devi and Jamun Choudy were parties to a criminal appeal (DB) No.1202 of 2008 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that all three appellants had died, and death certificates were produced. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if no near relative files an application for leave to continue. Since no relative made such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue under Sec. 394 CrPC (Sec. 435 BNSS 2023).
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- Section 394 CrPC
- Section 435 BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1202 of 2008
======================================================
1.Archana Kumari, Wife of Dharmendra Prasad Singh, Daughter of Jamun
Choudhary, Resident of Village-Bandhera, Police Station-Khagaria, District-
Khagaria.
2.Girija Devi, Wife of Jamun Choudhary.
3. Jamun Choudhary, Son of Late Bhujangi Choudhary.
Appellants No. 2 and 3, Resident of Village-Gangapur Garhel, Police Station-
Amarpur, District-Banka.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Krishna Mohan, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 12-05-2026 Perused the Letter No. 922 dated 05.05.2026 of the
Superintendent of Police, Banka along with the report of S.H.O.,
Amarpur Police Station dated 02.05.2026, wherein it is
indicated that during enquiry it came to light that the appellants
Archana Kumari, Girija Devi and Jamun Choudhary have died.
Certificate of death of the appellants issued by Mukhiya of
Gram Kachahari, Bhadariya, Block-Amarpur, Banka have also
been enclosed with the said report.
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,
Patna High Court CR. APP (DB) No.1202 of 2008(7) dt.12-05-2026
2/2
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 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.