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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

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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