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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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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