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Patna High Court

Chandradeep Bhagat and Anr.versusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of as the appellant is deceased and no relative sought leave to continue.

Summary

The appellants, Chandradeep Bhagat and Phoolpati Devi, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Senior Superintendent of Police reported that both appellants had died. 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 Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Can a criminal appeal continue when the appellant has died and no near relative applies for leave to proceed under Section 394 CrPC?

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.338 of 2015
                           Arising Out of PS. Case No.-3 Year-2006 Thana- ANTI District- Gaya
                 ======================================================
                 1. Chandradeep Bhagat, Son of Late Beyadi Bhagat,Village Barari, P.S. Anti,
                 District Gaya
                 2. Phoolpati Devi, Wife of Chandradeep Bhagat, Village Barari, P.S. Anti,
                 District Gaya




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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rajesh Kumar, Adv.
                 For the Respondent/s    :        Mr. A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                 Perused the Letter No. 400 dated 09.02.2026 of the

                   Senior Superintendent of Police, Gaya Ji, along with the report

                   dated 08.02.2026 of S.H.O.- Anti P.S.- Gaya, wherein it is

                   indicated that during enquiry it came to light that both the

                   appellants, namely, Chandradeep Bhagat and Phoolpati Devi, are

                   dead.

                               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
             Patna High Court CR. APP (DB) No.338 of 2015(4) dt.13-05-2026
                                                         2/2




                       continue the appeal, the Criminal Appeal stands abated and

                       disposed of.

                                    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)
Supratim/-

U      T


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