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Patna High Court

Lakhan BhuiyanversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application for leave to continue under Section 394 CrPC.

Summary

The appellant, Lakhan Bhuiyan, filed a criminal appeal (DB) No.257 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as reported by the Superintendent of Police and the Inspector‑cum‑S.H.O. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal cannot proceed. Consequently, the court ordered that the criminal appeal stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is dead and no near relative applies for leave to continue the appeal under Section 394 CrPC.

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.257 of 2013
                       Arising Out of PS. Case No.-83 Year-1995 Thana- SIRDALA District- Nawada
                 ======================================================
                 Lakhan Bhuiyan, S/O Late Latan Bhuiyan, R/O Village- Bholadih, Tola-
                 Phusbangla, P.S.- Sirdala, District- Nawadah

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Ms. Rina Sinha, Adv.
                 For the Respondent/s    :        Mr. S.C.Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

9   08-05-2026                 Perused the Letter No. 436 dated 02.05.2026 of the

                   Superintendent of Police, Nawada along with the Report dated

                   08.02.2026 of Inspector of Police-cum-S.H.O, Sirdala Police

                   Station, Nawada; wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Lakhan Bhuiyan, 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.
           Patna High Court CR. APP (DB) No.257 of 2013(9) dt.08-05-2026
                                                       2/2




                                  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)
Anjani/-

U      T


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