Patna High Court
CHANDESHWAR DAS and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue the appeal after the appellants' deaths.
Summary
The appellants Chandeshwar Das, Babuchand Prasad and Ambika Singh were found to be deceased as per police and local reports. The High 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 when a party dies and no near relative seeks leave to continue. Since no near relative filed any application for leave to continue the appeal, the Court held that the criminal 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
- Whether a criminal appeal can be continued when all appellants are deceased and no near relative files an application for leave to continue under Section 394 CrPC (or Section 435 B.N.S. 2023).
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.571 of 2005
======================================================
1. Chandeshwar Das, Son of Ramdas, Resident of Village- Kaili, P.S.-
Dhanarua, Dist.- Patna.
2. Babuchand Prasad, Son of Late Makai @ Ramlagan Pd., Resident of
Village- Chakarmasi, P.S.- Dhanarua, Dist.- Patna.
3. Ambika Singh, Son of Late Kamaldeo Singh, Resident of Village- Kaili,
P.S.- Dhanarua, Dist.- Patna.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dharmendra Kumar Sinha, Adv.
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 14-05-2026 Perused the Letter No. 2037 dated 06.05.2026 of
Senior Superintendent of Police, Patna along with the Report
dated 03.05.2026 of S.H.O., Dhanarua P.S., Patna as well as
Report of the Mukhiya, Adarash Gram Panchayat Vijaypura,
wherein it is indicated that all these appellants, namely,
Chandeshwar Das, Babuchand Prasad and Ambika Singh are
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.571 of 2005(3) dt.14-05-2026
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)
Anjani/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.