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Patna High Court

NARAYAN DUBEYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Narayan Dubey, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal cannot proceed. Consequently, the High Court ordered that the criminal appeal 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 effect on a criminal appeal when the appellant dies and no relative seeks leave to continue the appeal?

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.28 of 2005
                 ======================================================
                 Narayan Dubey S/o Late Mithu Dubey, R/o Vill.- Dhawachhuwa, P.S.-
                 Nawanagar, District- Buxar.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :         Mr. Chandra Mohan Singh, Advocate
                 For the Respondent/s   :         APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                 Perused      the    report      dated   11.05.2026     of    the

                   Superintendent of Police, Buxar along with the report dated

                   10.05.2026 of the S.H.O., Nawanagar P.S., wherein it is

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

                   appellant, namely, Narayan Dubey is dead and the death

                   certificate of the appellant is annexed with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.28 of 2005(3) dt.13-05-2026
                                                        2/2




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



                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
shailendra/-

U       T


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