Patna High Court
KAUSHALYA DEVIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application under the relevant statutory provision.
Summary
The appellant, Kaushalya Devi, filed a criminal appeal (DB) No.500 of 2007 before the Patna High Court. During the pendency of the appeal, the court received a police letter confirming that the appellant had died. The court examined the applicability of 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 upon the death of a party. No near relative of the deceased had filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal stood abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative files an application for leave to continue the appeal under Section 394 CrPC.
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.500 of 2007
======================================================
Kaushalya Devi W/O Tetar Yadav, R/O Sahebgunj, P.S.-Vishwavidyalaya
Kotwali, District-Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Krishna Mohan, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 06-05-2026 Perused the Letter No. 718 dated 29.04.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
Report dated 28.04.2026 of the Sub-Inspector, University Police
Station, Bhagalpur, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Kaushalya 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.500 of 2007(4) dt.06-05-2026
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)
guddukr/-
U
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