Patna High Court
LAXMAN CHAUBEYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Laxman Chaubey, died while his criminal appeal was pending before the Patna High Court. The court examined a letter from the Superintendent of Police and a police report confirming the death, along with a death certificate issued by the local Gram Kachahari. The issue before the court was whether the appeal could continue in the absence of any application by a near relative for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the criminal appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal stand abated upon the death of the appellant when no near relative files an application 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
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.314 of 2006
======================================================
Laxman Chaubey, Son of Deo Nath Chaubey, Resident of Village-Nonaora,
Police Station-Rajpur, District-Buxar.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Arun Kumar Pandey 1, 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)
3 08-05-2026 Perused the Letter No. 186 dated 08.02.2026 of the
Superintendent of Police, Buxar along with the report of Sub
Inspector of Police, Rajpur Police Station, Buxar dated
05.02.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Laxman Chaubey, has died.
Certificate of death issued by Up-sarpanch of Gram Kachahari,
Hethua, Block-Rajpur, Buxar has also been enclosed with the
said report.
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
Patna High Court CR. APP (DB) No.314 of 2006(3) dt.08-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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