Patna High Court
Jai Prakash @ ChotuversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Jai Prakash @ Chotu, died while his criminal appeal (CR. APP (DB) No.340 of 2015) was pending before the Patna High Court. The court examined a letter from the Senior Superintendent of Police and a police report confirming the appellant's death. The issue was whether the appeal could continue in the absence of any application by a near relative. 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 must abate if no relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative files an application for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.340 of 2015
Arising Out of PS. Case No.-626 Year-2010 Thana- PHULWARISHARIF District- Patna
======================================================
Jai Prakash @ Chotu, son of Mani Lal Rai Resident of village- Phooliya Tola,
Police Station- Phulwarisharif, District- Patna.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Md. Irshad, Advocate
For the Respondent/s : Mr. Mayanand Jha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
12 19-03-2026 Perused the Letter No.497 dated 16.02.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 10.02.2026 of Police Inspector cum SHO, Phulwarisharif
Police Station, Patna wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Jai Prakash @
Chotu, is 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.340 of 2015(12) 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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