Patna High Court
LALITESHWAR CHAUDHARY @ LALIT CHAUDHARYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative filed an application for leave to continue.
Summary
The appellant, Laliteshwar Chaudhary, died during the pendency of his criminal appeal against the State of Bihar. The court examined a police letter, a police report, and a death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot continue unless a near relative files an application for leave to proceed. No such application was filed. Consequently, the court held that the appeal stands abated and is disposed of, and directed the trial court record to be sent back to the lower court.
Issues considered
- Can a criminal appeal 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
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.350 of 2004
======================================================
Laliteshwar Chaudhary @ Lalit Chaudhary, Son of Ram Swarath Chaudhary,
Resident of Village-Panchobh, P.S.-Bishanpur, District-Darbhanga.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Md. Imtiyaz Ahmad, Advocate
Mr. Purushottam Kumar, Advocate
For the Respondent/s : Mr. Bipin Kumar, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
13 01-05-2026 Perused the Letter No. 155 dated 09.02.2026 of the
Senior Superintendent of Police, Darbhanga, along with the
Report dated 09.02.2026 of the Sub-Inspector of Police,
Bishanpur Police Station, Darbhanga as well as the Death
Certificate, which was issued by the Department of Planning
and Development, Government of Bihar; wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Laliteshwar Chaudhary @ Lalit Chaudhary, is dead.
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
Patna High Court CR. APP (DB) No.350 of 2004(13) dt.01-05-2026
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)
Neha/-
U
Checking your session…