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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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
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