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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

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


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