Patna High Court
BAUDHI RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is deceased and no near relative has applied for leave to continue the appeal.
Summary
Baudhi Rai filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant was found to have died, and a death certificate was submitted to the court. The court examined the reports and noted that under Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue the appeal. Since no such application was filed, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
- Whether Section 394 of the CrPC (now Section 435 of the Bhartiya Nagarik Suraksha Sanhita) mandates abatement of the appeal in such circumstances.
Legislation cited
- Bhartiya 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.1252 of 2007
======================================================
BAUDHI RAI, son of Late Sargun Rai, Resident of villag Damodarpur,
Police Station Rajaun, District- Banka
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Juhi Kumari, Advocate
For the Respondent/s : A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 08-05-2026 Perused the Letter No. 621 dated 01.05.2026 of the
Superintendent of Police, Banka along with the report dated
30.04.2026 of the Sub-Inspector-cum-S.H.O., Rajaun P.S.,
Banka, wherein it is indicated that during enquiry, it came to
light that the sole appellant, namely, Baudhi Rai, is dead and the
death certificate of the appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.1252 of 2007(6) dt.08-05-2026
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)
shailendra/-
U
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