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Patna High Court

FULPATI DEVIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is dead and no relative applied for leave to continue.

Summary

Fulpati Devi filed Criminal Appeal No.525 of 2011 against the State of Bihar. During the pendency of the appeal, the court received a police letter and a death certificate confirming that the sole appellant had died. The court examined whether the appeal could proceed in the absence of the appellant and without any application from a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal stands abated when the appellant is dead and no relative seeks leave to continue. 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

  • Can a criminal appeal continue when the appellant is deceased and no near relative files an application for leave to continue?

Legislation cited

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.525 of 2011
                 ======================================================
                 Fulpati Devi, W/O Ram Chandra Prasad Gupta, R/O Vill. Shiv Ganj,
                 Narkatiaganj, P.S. Shikarpur, P.O. Narkatiaganj, Distt. West Champaran At
                 Bettiah

                                                                         ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Sumant Singh, Adv.
                 For the Respondent/s   :     Mr. S.B.Verma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   13-05-2026                 Perused the Letter No. 661 dated 05.05.2026 of the

                   Superintendent of Police, West Champaran (Bettiah), along with

                   the report dated 05.05.2026 of Police Inspector-cum-S.H.O.,

                   Shikarpur P.S., as well as the certificate of death issued on

                   05.05.2026, issued by Councillor, Ward No. 07, Nagar Parishad,

                   Narkatiyaganj, West Champaran, wherein it is indicated that

                   during enquiry it came to light that the sole appellant, namely,

                   Fulpati Devi, is dead.

                               2. In view of the said letters 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
             Patna High Court CR. APP (DB) No.525 of 2011(5) dt.13-05-2026
                                                         2/2




                       continue the appeal, the Criminal Appeal stands abated and

                       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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