Patna High Court
KALPANA KUMARIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of due to the death of the appellant and the absence of an application by a near relative.
Summary
The appellant, Kalpana Kumari, filed a criminal appeal but was found to be deceased, as evidenced by a death certificate attached to a police report. 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 a petition to continue, the appeal must be abated. Consequently, the High Court ordered the appeal to stand abated and be disposed of. The trial court record was directed to be sent back to the lower court for any further necessary action.
Issues considered
- What is the procedural consequence when an appellant dies and no relative applies for leave to continue the appeal?
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
- section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.264 of 2008
======================================================
Kalpana Kumari, Wife Of Late Rupesh Mandal, R/O Village- Gachiya P.S.
Dhoraliya, District-Banka.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Awadhesh Kr.Singh, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 06-05-2026 Perused the Letter No. 737 dated 02.05.2026 of the
Superintendent of Police, Banka along with the report dated
28.04.2026 of the Sub-Inspector, Rajoun P.S., wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Kalpana Kumari, 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.264 of 2008(3) dt.06-05-2026
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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