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Patna High Court

PREMCHAND TIWARYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as per Section 394 CrPC (now Section 435 B.N.S. 2023) because the appellant is dead and no relative applied for leave.

Summary

The appellant, Premchand Tiwari, filed a criminal appeal (Cr. App. DB No. 591 of 2001) before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The Court examined the report and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is now mirrored in Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It held that when an appellant dies and no near relative files an application for leave to continue the appeal, the appeal must abate. Consequently, the Court ordered that the criminal appeal stand abated and be disposed of, and directed the trial court record to be sent back to the concerned court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S. 2023
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.591 of 2001
                 ======================================================
                 Premchand Tiwary, Son of Mogendra Tiwary, Resident of Village-
                 Ghorpakari, P.S. Maina Tand (Inarwa), District- West Champaran


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


                                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Binay Kant Mani Tripathi
                 For the Respondent/s   :      Mr. Dilip Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   05-05-2026                     Perused the Letter No. 482 dated 26.04.2026 of the

                   Superintendent of Police, West Champaran (Bettiah), wherein it

                   is indicated that during enquiry it came to light that the sole

                   appellant, namely, Premchand Tiwari, is dead.

                                2. In view of the said report 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.
            Patna High Court CR. APP (DB) No.591 of 2001(6) dt.05-05-2026
                                                        2/2




                                   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)
guddukr/-

U


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