Patna High Court
CHANDESHWAR PRASAD @ CHANDU SAOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Chandeshwar Prasad, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by police reports and a death certificate. 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 upon the death of a party if no near relative applies to continue. Since no relative filed an application for leave to continue the appeal, 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
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.171 of 2010
======================================================
Chandeshwar Prasad @ Chandu Sao S/O Late Kailashwar Sao R/O Dedaur,
P.S.- Bakhtiyarpur, Distt.- Patna
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Uday Prakash, Adv.
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)
7 13-05-2026 Perused the Report No. 2032 dated 06.05.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 03.05.2026 of the Inspector of Police-cum-S.H.O.,
Bhaktiyarpur Police Station, Patna as well as the Certificate of
Death dated 04.05.2026 of the Ward Member of Gram
Panchayat- Raj Champapur, Block- Bhaktiyarpur, Patna;
wherein it is indicated that the sole appellant, namely,
Chandeshwar Prasad @ Chandu Sao, 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.171 of 2010(7) dt.13-05-2026
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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