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Patna High Court

LALITA DEVIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

Lalita Devi, the sole appellant in Criminal Appeal No.237 of 1998, died during the pendency of the appeal, as evidenced by a death certificate annexed to a police report. The High Court examined the report and noted the appellant's death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue it. No such application was filed. Consequently, the Court held that the appeal stands abated and ordered its disposal. The trial court record was to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without a near relative filing an application for leave to continue the appeal
  • Applicability of Section 394 CrPC (now Section 435 B.N.S. 2023) to abate the appeal

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law
  • appellate jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.237 of 1998
                 ======================================================
                 Lalita Devi, Wife of Sri Kedar Rai, R/o of Village- Mahua Mukund, P.S.
                 Mahua, District- Vaishali

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Niraj Kumar, Advocate
                 For the Respondent/s   :     Mr. Satyanaryan Pd., APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   05-05-2026                    Perused the Letter No. 529 dated 22.04.2026 of the

                   Superintendent of Police, Vaishali along with the report dated

                   20.04.2026 of the Police Inspector-cum-S.H.O., Mahua P.S.,

                   Vaishali, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Lalita Devi, 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

                   disposed of.

                               3. Let the trial court record be sent back to the
            Patna High Court CR. APP (DB) No.237 of 1998(7) dt.05-05-2026
                                                        2/2




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



                                           (Sangam Kumar Sahoo, CJ)


                                                  ( Harish Kumar, J)
guddukr/-

U      T


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