Patna High Court
BAISHAKHIYA DEVIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed of because the appellant died and no near relative filed an application for leave to continue.
Summary
The appellant, Baishakhiya Devi, filed a criminal appeal which was pending when she died, as confirmed by police letters and a death certificate. The question before the Patna High Court was whether the appeal could continue in the absence of any application by a near relative for leave to proceed. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates upon the death of the appellant unless a relative seeks leave to continue. Since no such application was filed, the Court held that the appeal stood abated. Consequently, the criminal 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 abate upon the death of the appellant if no near relative applies for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- section 394 CrPC
- section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.609 of 2008
======================================================
Baishakhiya Devi, W/o Sakal Sahni, R/o Village-Vijai Chapra, P.S.-
Ahiyarpur, Dist.-Muzaffarpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Praveen Kumar, Adv.
For the Respondent/s : Mr. D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 714 dated 05.05.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
letter dated 03.05.2026 of Sub-Inspector of Police, Ahiyarpur
P.S., Muzaffarpur as well as the certificate of death dated
03.05.2026, issued by the Up-Mukhiya, Gram Panchyat Raj
Dadar Koluha, Block-Kati, Dist.-Muzaffarpur, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Baishakhiya 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.609 of 2008(3) dt.11-05-2026
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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