Patna High Court
NATHUNI SHUKLAversusSTATE 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, Nathuni Shukla, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the court received a letter and reports confirming that the appellant had died. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies. Since no near relative applied for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with the trial court record 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 the appeal under Section 394 CrPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.134 of 1996
======================================================
Nathuni Shukla, Son of Late Ram Adhar Shukla, resident of Ghordiha, Police
Station Nokha District Rohtas.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nagendra Dubey, Adv.
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 03-04-2026 Perused the Letter No. 349 dated 17.02.2026 of the
Superintendent of Police, Rohtas along with the Report dated
11.02.2026 of S.H.O, Baghaila Police Station and the Report
dated 11.02.2026 of the Ward Member of Ward No. 08 of Gram
Panchayat-Chatauna, Block-Nokha, Rohtas; wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Nathuni Shukla, 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
Patna High Court CR. APP (DB) No.134 of 1996(6) dt.03-04-2026
2/2
disposed of.
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)
shivank/-
U T
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