Patna High Court
ARVIND KUMAR AWASTHIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 BHSS 2023) as no relative sought its continuation.
Summary
The appellant, Arvind Kumar Awasthi, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was submitted by the police. No near relative filed an application for leave to continue the appeal. 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 for abatement of proceedings upon the death of a party when no relative seeks continuation. Consequently, the Court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.646 of 2007
======================================================
Arvind Kumar Awasthi, son of Sri Awadh Bihari Awasthi, resident of Village-
Arak, P.S. Krishna Braham in the district of Buxar
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Akhileshwar Prasad Singh, Advocate
For the Respondent : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 13-05-2026 Perused the report dated 11.05.2026 of the
Superintendent of Police, Buxar along with the report dated
10.05.2026 of the S.H.O., Krishna Braham Police Station,
Buxar, which indicate that the sole appellant Arvind Kumar
Awasthi is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said reports 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.646 of 2007(7) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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