Patna High Court
ASHA KUERversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 B.N.S. 2023) because the appellant is deceased and no relative applied to continue the appeal.
Summary
The appellant, Asha Kuer, filed a criminal appeal (DB) No. 356 of 2005 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to police reports dated 7-8 May 2026. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no near relative applies to continue the appeal. Since no relative filed any application for leave to continue, the Court held that the appeal could not proceed. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.356 of 2005
======================================================
Asha Kuer W/o Late Yogendra Singh, R/o Vill.- Gangpur, P.S.- Sishwan,
District- Siwan.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ramadhar Shekhar, Advocate
For the Respondent/s : APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the report dated 08.05.2026 of the
Superintendent of Police, Siwan along with the report dated
07.05.2026 of the S.H.O., Siswan P.S., wherein it is indicated
that during enquiry, it came to light that the sole appellant,
namely, Asha Kuer is dead and the death certificate of the
appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.356 of 2005(3) dt.13-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U T
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