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Patna High Court

BHANU DUBEYversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abated and was disposed of because the appellant died and no near relative sought leave to continue the appeal.

Summary

The appellant, Bhanu Dubey, 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 and a SHO's report. 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 that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, 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

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies 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.210 of 2006
                 ======================================================
                 Bhanu Dubey, Son of Sri Sita Ram Dubey, Resident of Village-Sapanautiya,
                 P.S.-Sonhan, District-Kaimur (Bhabua).

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Surendra Kumar Mishra, Adv.
                                               Mr. Naresh Dixhit, Adv.
                 For the Respondent/s   :      Mr. Binod Bihar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   14-05-2026                     Perused the Letter No. 668 dated 01.05.2026 of

                   Superintendent of Police, Kaimur (Bhabua) along with the

                   Report dated 30.04.2026 of S.H.O., Sonhan P.S., Kaimur,

                   wherein it is indicated that the sole appellant, namely, Bhanu

                   Dubey is dead.

                                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

                   disposed of.

                                3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.210 of 2006(3) dt.14-05-2026
                                                       2/2




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



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
Anjani/-

U      T


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