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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

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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