Patna High Court
CHINTA DEVIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Chinta Devi, died during the pendency of a criminal appeal (Cr. App. (DB) No.411 of 1997) before the Patna High Court. The court examined a police letter and reports confirming her death. The issue was whether the appeal could continue in the absence of a near relative filing an application for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back.
Issues considered
- Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- death of appellant
- abated appeal
- criminal procedure
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.411 of 1997
======================================================
Chinta Devi, Wife of Late Ram Kishun Nonia, Resident of Koilwar, P.S.
Koilwar, District Bhojpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Samrendra Kr. Singh, Adv.
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 03-04-2026 Perused the Letter No. 280 dated 15.02.2026 of the
Superintendent of Police, Bhojpur along with the Report dated
07.02.2026 of Inspector of Police-cum-S.H.O, Bhojpur Police
Station as well as the Report dated 07.02.2026 of the Ward
Councilor of Ward No. 14 of Nagar Panchayat, Koilwar;
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Chinta Devi, 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
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.411 of 1997(3) dt.03-04-2026
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)
shivank/-
U T
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