Patna High Court
Suchit Choudhary @ Suchit Ahir and Ors.versusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no party is available to pursue it.
Summary
The appellants, three brothers named Suchit, Sudama, and Sidama Choudhary, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police informed the court that all three appellants had died. The court examined the letter and report and applied Section 394 of the Code of Criminal Procedure, 1973, along with Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provide for abatement of proceedings when the accused is deceased and no near relative seeks to continue the case. Since no relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when all appellants have died
- Whether Section 394 of the CrPC and Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandate abatement of the appeal in the absence of a relative filing an application
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.192 of 2014
Arising Out of PS. Case No.-6 Year-1975 Thana- SISWAN District- Siwan
======================================================
1. Suchit Choudhary @ Suchit Ahir and Ors. Son Of Late Chandradeep
Choudhary @ Late Chandradeep
2. Sudama Choudhary @ Sudama Ahir Son Of Tapeshwar Choudhary @
Tapeshwar Ahir Both Residents Of Village- Bhangar, Police Station- Siwan,
District- Siwan
3. Sidama Choudhary @ Sudama Ahir Son Of Lachhu Choudhary @ Lachhu
Ahir Resident Of Village- Mahrajpur, Police Station- Sahatwar, District-
Balia
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Birendra Kumar Singh, Advocate
For the Respondent/s : Mr. G.P. Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 24-04-2026 Perused the Letter No. 168 dated 10.02.2026 of the
Superintendent of Police, Siwan along with the Report dated
10.02.2026 of the S.H.O, Siswan Police Station, Siwan, wherein
it is indicated that during enquiry it came to light that all the
three appellants, namely, Suchit Choudhary @ Suchit Ahir,
Sudama Choudhary @ Sudama Ahir, Sidama Choudhary @
Sudama Ahir, are dead.
2. In view of the said letter as also Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Patna High Court CR. APP (DB) No.192 of 2014(8) dt.24-04-2026
2/2
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
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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