Patna High Court
ARVIND KUMAR CHAUDHARY @ HULCHULversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Arvind Kumar Chaudhary, filed a criminal appeal which was pending when he died, as confirmed by police reports and a death certificate. The court examined whether the appeal could continue in the absence of any application by a near relative for leave to proceed. 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 abates upon the death of the appellant unless a relative seeks its continuation. Since no such application was filed, the appeal was deemed abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal stand abated upon the death of the appellant when no near relative files an application 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
- procedural law
- CrPC section 394
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.57 of 2006
======================================================
Arvind Kumar Chaudhary @ Hulchul, S/o Bishwanath Chaudhary, R/o
Village-Asinchak, P.S.-Dalsingsarai, Dist.-Samastipur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prashant Vedasen, Adv.
For the Respondent/s : Mr. Partha Sarthy, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 12-05-2026 Perused the Letter No. 735 dated 07.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 07.05.2026 of Police Inspector-cum-S.H.O., Dalsingsarai
P.S., as well as the Death Certificate dated 06.05.2010, issued by
the Department of Planning and Development, Government of
Bihar, wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Arvind Kumar Chaudhary @
Hulchul, 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.57 of 2006(6) dt.12-05-2026
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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