Patna High Court
BRIJ BIHARI SHUKLAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Brij Bihari Shukla, filed a criminal appeal (DB) No.152 of 1996 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a police letter and a death certificate. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which stipulate that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, 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
- Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.152 of 1996
======================================================
Brij Bihari Shukla, son of Nathuni Shukla, resident of Ghordiha, Police
Station Nokha, District Rohtas.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nageshwar Dubey, Adv.
For the Respondent/s : Mr. Dilip Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 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 as well as the
Death Certificate, which was issued by the Department of
Planning and Development, Government of Bihar; wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Brij Bihari 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
disposed of.
Patna High Court CR. APP (DB) No.152 of 1996(8) dt.03-04-2026
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)
shivank/-
U T
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