Patna High Court
SUNIL TIWARY and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue.
Summary
The appellants, Sunil Tiwary and Sardanand Tiwary, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, a police letter and a death certificate confirmed that both appellants 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 leave to continue. No relative filed any application for leave to proceed with 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 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
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.523 of 2004
======================================================
1. Sunil Tiwary, Son of Late Dharmraj Tiwary
2. Sardanand Tiwary, Son of Late Brij Kishore Tiwary
Both resident of Village- Suara, P.S.- Nokha (Baghila), Dist.- Rohtas
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shailendra Kr. Singh, 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)
4 11-05-2026 Perused the Letter No. 435 dated 23.02.2026 of the
Superintendent of Police, Rohtas along with the Report dated
22.02.2026 of the Sub-Inspector of Police, Baghila Police
Station as well as the Certificate of Death dated 21.02.2026 of
the Sarpanch of Gram Kachhari Rotwa, Block- Rajpur, Rohtas;
wherein it is indicated that both the appellants, namely, Sunil
Tiwary and Sardanand Tiwary, 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
Patna High Court CR. APP (DB) No.523 of 2004(4) dt.11-05-2026
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)
shivank/-
U T
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