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Patna High Court

BIMLA DEVI @ KHEKHRI DEVIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Bimla Devi, filed a criminal appeal (DB) No.257 of 1997 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. The court examined the relevant provisions, namely Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with the trial court record 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 the appeal under Section 394 CrPC (now Sec 435 BNS Act)?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNS Act
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.257 of 1997
                 ======================================================
                 Bimla Devi @ Khekhri Devi, W/o – Bhikru Yadav, R/o – Village – Bibiganj,
                 P.S.- Narpatganj, District – Araria.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Uday Bhanu Roy, Adv.
                 For the Respondent/s   :     Mr. Bipin Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   17-04-2026                 Perused the Letter No. 662 dated 25.07.2025 of the

                   Superintendent of Police, Araria along with the Memo No. 1175

                   dated 23.07.2025 of S.H.O., Narpatganj Police Station, wherein

                   it is indicated that during enquiry it came to light that the sole

                   appellant, namely, Bimla Devi @ Khekri Devi, is dead.

                               2. In view of the said letter 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.257 of 1997(3) dt.17-04-2026
                                                         2/2




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



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


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