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Patna High Court

LAL BABU NUT @ LAL BABU KHALIFAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.

Summary

The appellant, Lal Babu Nut, died during the pendency of his criminal appeal. The court examined a letter from the Superintendent of Police and a police report confirming 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 may be abated if no near relative files an application to continue it. Since no relative applied, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.63 of 2004
                 ======================================================
                 Lal Babu Nut @ Lal Babu Khalifa, Son of Khalil Nut, Resident of Village-
                 Rezuwa Bhakri, P.S.-Mehsi, District-East Champaran.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :     Mr. Binod Kr. Mishra, Advocate
                 For the Respondent/s     :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   10-04-2026                          Perused the Letter No. 328 dated 13.02.2026 of

                   the Superintendent of Police, East Champaran, Motihari, along

                   with the Report dated 10.02.2026 of the S.H.O., Mehsi Police

                   Station, East Champaran, wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Lal Babu

                   Nut @ Lal Babu Khalifa, 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.63 of 2004(4) dt.10-04-2026
                                                     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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