Patna High Court
Ashutosh ChaudharyversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant died and no near relative sought leave to continue the appeal.
Summary
The appellant, Ashutosh Chaudhary, filed a criminal appeal (DB) No.228 of 2014 in the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate annexed to a police report. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal 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 stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned 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
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.228 of 2014
Arising Out of PS. Case No.-228 Year-2006 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Ashutosh Chaudhary S/O Sri Sunil Chaudhary Resident Of Village Belaur,
Police Station Udwant Nagar In The District Of Bhojpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anita Kumari Singh, Advocate
For the Respondent/s : Mr.S.B.Verma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 06-05-2026 Perused the Letter No. 247 dated 15.02.2026 of
the Superintendent of Police, Bhojpur, Arrah along with the
report dated 07.02.2026 of the Sub-Inspector of Police., Udwant
Nagar P.S., wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Ashutosh Chaudhary, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said report 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.228 of 2014(5) 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)
guddukr/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.