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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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
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