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Patna High Court

INDRADEO CHAUDHARYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of due to the appellant's death and lack of any application for leave to continue.

Summary

The appellant, Indradeo Chaudhary, filed a criminal appeal which was pending when he died, as evidenced by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal. 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 upon the death of a party. In the absence of any application to revive the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of. The trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.533 of 2001
                  ======================================================
                  Indradeo Chaudhary, Son Of Late Heera Chaudhary @ Heera Lal Chaudhary,
                  Resident Of Village- Barauli, Police Station- Piro, District- Bhojpur

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

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr. Bibhakar Tiwary, Advocate
                  For the Respondent/s   :     Mr. Ajay Mishra, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

10   08-05-2026                    Perused the Letter No. 680 dated 21.04.2026 of the

                    Superintendent of Police, Bhojpur, Arrah along with the report

                    dated 20.04.2026 of the Sub-Inspector of Police, Piro P.S.,

                    Bhojpur, wherein it is indicated that during enquiry it came to

                    light that the sole appellant, namely, Indradeo Chaudhary, is

                    dead and the death certificate of the appellant is annexed with

                    the said report.

                                2. In view of the said report 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.533 of 2001(10) dt.08-05-2026
                                                        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      T


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