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Patna High Court

KASHI CHAMARversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is dead and no near relative applied for leave to continue.

Summary

The appellant, Kashi Chamar, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a police superintendent's letter, an SHO report, and a death certificate. The court examined whether the appeal could proceed in the absence of a surviving relative to seek leave to continue. Relying on Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates when the appellant dies and no near relative applies for continuation. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back.

Issues considered

  • Whether a criminal appeal may continue after the death of the appellant when no near relative files an application 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.178 of 2004
                 ======================================================
                 Kashi Chamar, Son of Late Sadhu Chamar, Resident of Village-Semara, P.S.-
                 Sonhan, District-Kaimur (Bhabua)

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Kumar Sunil, Advocate
                 For the Respondent/s   :     Mr. Bipin Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

9   06-05-2026                    Perused the Letter No. 680 dated 02.05.2026 of the

                   Superintendent of Police, Kaimur, Bhabua, along with the

                   Report dated 01.05.2026 of the S.H.O., Sonhan Police Station,

                   Kaimur, Bhabua 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, Kashi Chamar, 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.178 of 2004(9) dt.06-05-2026
                                                     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)
Neha/-

U


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