Patna High Court
UMA KANT CHAUHANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is deceased and no relative applied for leave to continue.
Summary
The appellant, Uma Kant Chauhan, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate annexed to police reports dated 1 May 2026 and 30 April 2026. The court examined these reports and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no relative applies to continue. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the criminal appeal was abated and disposed of, and 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 relative applies for leave to continue?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.143 of 2006
======================================================
Uma Kant Chauhan S/o Guru Nath Chauhan @ Late Guru Chauhan, R/o-
Vill.- Mararia, P.S.- Chand, District- Kaimur (Bhabhua).
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kali Prasanna Dubey, Advocate
For the Respondent/s : APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
12 13-05-2026 Perused the report dated 01.05.2026 of the
Superintendent of Police, Kaimur (Bhabhua) along with the
report dated 30.04.2026 of the Sub-Inspector of Police, Chand
P.S., wherein it is indicated that during enquiry, it came to light
that the sole appellant, namely, Uma Kant Chauhan 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.143 of 2006(12) dt.13-05-2026
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 T
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