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
- 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.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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