Patna High Court
KAULESHWAR BHUIAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is dead and no near relative filed an application for leave to continue the appeal.
Summary
The appellant, Kauleshwar Bhuia, died during the pendency of his criminal appeal before the Patna High Court. The court received a police letter confirming his death and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the lower court. The decision underscores the procedural requirement that a deceased appellant’s appeal cannot proceed without a relative’s intervention.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant without an application from a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1206 of 2010
======================================================
Kauleshwar Bhuia, Son of Shri Mukhu Bhuia, resident of village – Gopalpur,
P.S. Sherghati, District - Gaya
... ... Appellant/s
VERSUS
State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sharad Kumar Sinha, Advocate
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)
6 26-05-2026 Perused the Letter No. 1613 dated 14.05.2026 of
the Senior Superintendent of Police, Gaya along with the Report
dated 13.05.2026 of the S.H.O, Sherghati Police Station, Gaya,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Kauleshwar Bhuia, is dead.
2. In view of the said letter 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.1206 of 2010(6) dt.26-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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