Patna High Court
CHUNNU PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative sought its continuation.
Summary
The appellant, Chunnu Prasad, filed a criminal appeal (DB) No.453 of 2004 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police submitted a death certificate confirming that the appellant had died. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no near relative seeks continuation. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the 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 when no near relative applies for leave to continue the appeal.
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.453 of 2004
======================================================
Chunnu Prasad, Son of Late Dhanai Pd., Resident of Village- Sarauli, P.S.-
Madhubani, Dist.- East Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Najeeb Ahmad, Adv.
For the Respondent/s : Mr. S N Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 11-05-2026 Perused the Letter No. 941 dated 08.05.2026 of the
Superintendent of Police, East Champaran, Motihari along with
the Report dated 04.05.2026 of the S.H.O., Gadhiya Bazar
Police Station as well as the Certificate of Death dated
02.05.2026 of the Ward Member of Ward No. 05, Gram
Panchayat Raj Kotiha, East Champaran; wherein it is indicated
that the sole appellant, namely, Chunnu Prasad, 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.453 of 2004(6) dt.11-05-2026
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.