Created by Fuzzy Cloud

Patna High Court

SUBHADRA DEVI and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abated and was disposed of under the provisions governing death of an appellant.

Summary

The appellants, Subhadra Devi and Sanjay Choudhary, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the police investigation revealed that both appellants had died. No near relative filed an application seeking leave to continue the appeal on their behalf. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant is deceased and no application is made. Accordingly, the Court held that the appeal stood abated and was disposed of. The trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to proceed

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.307 of 2001
                 ======================================================
                 1. Subhadra Devi, wife of Late Krishna Mohan Choudhary
                 2. Sanjay Choudhary, son of Late Krishna Mohan Choudhary
                     Both residents of Village- Teghra, P.S.- Haveli Kharagpur, Distt- Munger

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   19-03-2026                  Perused the Letter No.377 dated 31.07.2025 of the

                   Superintendent of Police, Munger along with the Report dated

                   30.07.2025 of Assistant Sub-Inspector of Police, Haveli

                   Kharagpur Police Station, Munger wherein it is indicated that

                   during enquiry it came to light that the appellants, namely,

                   Subhadra Devi and Sanjay Choudhary, are died.

                               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.
             Patna High Court CR. APP (DB) No.307 of 2001(6) dt.19-03-2026
                                                         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)
uday/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.