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Patna High Court

RAMAUTAR CHAUDHARYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under the applicable statutory provision.

Summary

The appellant, Ramautar Chaudhary, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court applied 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 when no application is made. Consequently, the appeal was held to stand abated and was disposed of. The trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no relative applies for leave to proceed

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.174 of 2005
                 ======================================================
                 Ramautar Chaudhary, Son of Late Mauji Chaudhary, Resident of Village-
                 Mirjapur, Police Station-Barbigha, District-Sheikhpura.

                                                                             ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Singh Sanjay Kumar, Advocate
                 For the Respondent/s     :      Mr.S.N. Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   08-05-2026                    Perused the Letter No. 335 dated 01.05.2026 of the

                   Superintendent of Police, Sheikhpura along with the report of

                   Police Inspector cum S.H.O., Barbigha Police Station dated

                   29.04.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Ramautar Chaudhary has died.

                   Death certificate of the appellant issued by Department of

                   Planning and Development, Government of Bihar, Patna has

                   also been enclosed with the said report.

                                  2. In view of the said letters 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.174 of 2005(6) dt.08-05-2026
                                                       2/2




                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                                        (Sangam Kumar Sahoo, CJ)



                                                               (Harish Kumar, J)

ranjan/-

U


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