Patna High Court
KAUSHALIA DEVI @ URMILA DEVI @ BIBHA DEVI @ BIMLA DEVI andANRAversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative applied for leave to continue it.
Summary
The appellants, Kaushalia Devi and Dasai Ram, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police investigation revealed that both appellants had died, and death certificates were produced. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal must be abated when the appellant dies and no near relative applies for leave to continue the appeal under the applicable procedural law.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita Section 435
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.157 of 2009
======================================================
1. Kaushalia Devi @ Urmila Devi @ Bibha Devi @ Bimla Devi, Wife Of
Late Nageshwar Ram
2. Dasai Ram, Son Of Late Laxman Ram, Both Resident Of Village- Pokhra
Peer Sadpura, P.S. Kazimohammadpur, District- Muzaffarpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Radhe Shyam Kumar, Advocate
For the Respondent/s : Mr.A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 06-05-2026 Perused the Letter No. 634 dated 30.04.2026 of the
Senior Superintendent of Police, Muzzaffarpur along with the
report dated 29.04.2026 of the Sub-Inspector of Police,
Kazimohhamadpur P.S., wherein it is indicated that during
enquiry it came to light that both the appellants, namely,
Kaushalia Devi @ Urmila Devi @ Bibha Devi @ Bimla Devi
and Dasai Ram, are dead and the death certificate of the
appellants' is annexed with the said report.
2. In view of the said report as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
Patna High Court CR. APP (DB) No.157 of 2009(4) dt.06-05-2026
2/2
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
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)
guddukr/-
U T
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