Created by Fuzzy Cloud

Patna High Court

REETA DEVIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative applied for leave to continue the appeal after the appellant's death.

Summary

The appellants Reeta Devi and Birendra Kumar filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Senior Superintendent of Police reported that Reeta Devi had died, as confirmed by a death certificate. The court examined the relevant provisions, namely section 394 of the Code of Criminal Procedure, 1973 (corresponding to section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide for abatement of proceedings when a party dies and no near relative seeks leave to continue. Since no near relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of an appellant when no near relative applies for leave to continue the appeal under the applicable statutory provisions.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • section 394 CrPC
  • section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.548 of 2010
                 ======================================================
                 1. Reeta Devi, aged about 40 years
                 2. Birendra Kumar, aged about 25 years

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   14-05-2026                 Perused the Letter No. 2139 dated 11.05.2026 of the

                   Senior Superintendent of Police, Patna, along with the report

                   dated 03.05.2026 of Sub Inspector of Police-cum-S.H.O.,

                   Naubatpur P.S., Patna, as well as the certificate of death issued

                   on 03.05.2026, issued by Ward Member, Ward No. 04, Post

                   Naubatpur, District Patna, wherein it is indicated that during

                   enquiry it came to light that the appellant no. 1, namely, Reeta

                   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

                   continue the appeal, the Criminal Appeal stands abated and
             Patna High Court CR. APP (DB) No.548 of 2010(5) dt.14-05-2026
                                                         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)
supratim/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.