Patna High Court

KUNTI DEVIversusSTATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of under the applicable statutory provision.

Summary

The appellant, Kunti Devi, died during the pendency of Criminal Appeal No.61 of 2005 before the Patna High Court. The court examined a letter from the Superintendent of Police and a police report confirming her death. The issue was whether the appeal could continue in the absence of the appellant and without any application from a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no near relative seeks leave to continue it. 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

Can a criminal appeal proceed when the appellant is deceased and no near relative files an application for leave to continue the appeal?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

Subjects

appeal abatement
death of appellant
Criminal Procedure Code
Bharatiya Nagarik Suraksha Sanhita
Section 394
Section 435

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.61 of 2005
                 ======================================================
                 Kunti Devi, W/O Late Ramji Baitha, R/o Village-Bishanpur, P.S.-Dumra,
                 District-Sitamarhi.


                                                                               ... ... Appellant/s

                                                  Versus
                 The State of Bihar.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Jagdish Prasad 1, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   24-04-2026                    Perused the Letter No. 242 dated 12.03.2026 of the

                   Superintendent of Police, Sitamarhi along with the Report dated

                   10.03.2026 of the Police Inspector-cum-S.H.O, Dumra Police

                   Station, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Kunti Devi, is dead.

                               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.
         Patna High Court CR. APP (DB) No.61 of 2005(4) dt.24-04-2026
                                                     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)
Neha/-

U

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