Patna High Court
Rukhi DeviversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 Bharatiya Nagarik Suraksha Sanhita, 2023).
Summary
The appellant, Rukhi Devi, died during the pendency of Criminal Appeal No. 583 of 2013. The court examined a letter from the Superintendent of Police and a report from the SHO indicating the appellant's death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if no near relative files an application to continue it. Since no such application was filed, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.583 of 2013
Arising Out of PS. Case No.-16 Year-10 Thana- GOBARDHANA District- West Champaran
======================================================
Rukhi Devi W/O Late Kewal Yadav Resident Of Village- Bakhari
Pachrukhiya, Police Station- Gobardhana, District- West Champaran
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Milind Kumar Mishra, Advocate
For the Respondent/s : Mr. G.P. Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 19-03-2026 Perused the Letter No.135 dated 21.02.2026 of the
Superintendent of Police, Bagha along with the Report dated
20.02.2026 of SHO, Gobardhana Police Station, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Rukhi Devi, is died.
2. In view of the said letter 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.583 of 2013(4) dt.19-03-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
U T
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