Patna High Court
VIDYA CHOUDHARYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue, as per the applicable statutory provision.
Summary
The appellant, Vidya Choudhary, filed a criminal appeal (DB) No.1334 of 2008 before the Patna High Court. During the pendency of the appeal, the police investigation revealed that the appellant had died, and a death certificate was attached to the report. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning the abatement of appeals upon the death of a party. No near relative had filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal could not proceed and was deemed abated. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1334 of 2008
======================================================
Vidya Choudhary, Son Of Late Motur Choudhary, Resident Of Village-
Patarkha, P.S.- Manwapul, District- West Champaran, Bettiah
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anil Kumar, Advocate
For the Respondent/s : Mr.D.K.Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 11-05-2026 Perused the Letter No. 607 dated 04.05.2026 of the
Superintendent of Police, West Champaran (Bettiah) along with
the report dated 02.05.2026 of the S.H.O., Manuapul P.S.,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Vidya Choudhary, 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 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.1334 of 2008(8) dt.11-05-2026
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)
guddukr/-
U T
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