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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

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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