Patna High Court
CHINA MUKHIA and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative filed an application for leave to continue.
Summary
The appellants, China Mukhia and Buchkun Mukhia, died during the pendency of their criminal appeal against the State of Bihar. The court examined a police letter and reports confirming their deaths. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be continued only if 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 ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure Code
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- continuation of appeal
- legal standing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.423 of 2005
======================================================
1. China Mukhia, Son of Shri Baua Mukhia.
2. Buchkun Mukhia @ Bichkun Mukhia, Son of Shri Shital Mukhia.
Both residents of Village-Parri, P.S.-Bangaon, District-Saharsha.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Diwakar Prasad Singh, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 17-04-2026 Perused the Letter No. 188 dated 16.03.2026 of the
Superintendent of Police, Saharsha along with the Report dated
11.03.2026 of S.H.O, Bangaon Police Station, Saharsa and the
Report dated 11.03.2026 of the Mukhiya of Gram Panchayat-
Parari, Block-Kahra, Saharsha; wherein it is indicated that
during enquiry it came to light that the appellants, namely,
China Mukhia and Buchkun Mukhia @ Bichkun Mukhia, are
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
Patna High Court CR. APP (DB) No.423 of 2005(4) dt.17-04-2026
2/2
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)
supratim/-
U T
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