Patna High Court
DIWAKAR TIWARY and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 CrPC (corresponding to Section 435 B.N.S. 2023) due to the death of the appellants and the absence of any application to continue.
Summary
The appellants Diwakar Tiwary and Babulal Rai filed Criminal Appeal (DB) No.392 of 2004 against the State of Bihar. While the appeal was pending, both appellants died, as confirmed by death certificates and police reports. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing abatement of appeals on the death of a party. In the absence of any application to revive the appeal, the Court held that the appeal stands abated. Consequently, the appeal was disposed of and the trial court records were ordered to be sent back.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no relative applies for leave to proceed?
Legislation cited
- Bharatiya 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.392 of 2004
======================================================
1.Diwakar Tiwary, Son of Late Kishori Tiwary
2.Babulal Rai, Son of Late Rambachan Tiwary
Both are residents of Village-Ladhanpur Dumir, Police Station-Nayagaon,
District-Saran (Chapra).
... ... Appellants
Versus
State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr. Mithilesh Kumar, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 08-05-2026 Perused the Letter No. 817 dated 03.05.2026 of the
Senior Superintendent of Police, Saran along with the report of
S.H.O., Nayagaon dated 01.05.2026, wherein it is indicated that
during enquiry it came to light that the both appellants Diwakar
Tiwary and Babulal Rai have died. Death certificate of the both
the appellants issued by Department of Planning and
Development, Government of Bihar, Patna have also been
enclosed with the said report.
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.392 of 2004(6) dt.08-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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