Patna High Court
RAM BHAJAN CHAUDHARY and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no relative sought leave to continue.
Summary
The appellant, Ram Bhajan Chaudhary, filed a criminal appeal, but the court learned from police and local reports that he had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed if the appellant is deceased and no near relative applies for leave to continue. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the lower court. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed
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.649 of 2006
======================================================
Ram Bhajan Chaudhary, Son of Late Laljee Chaudhary, Resident of Village-
Goh, P.S.-Goh, Dist.- Aurangabad.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manish Kumar, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Report No. 1228 dated 30.04.2026 of the
Deputy Superintendent of Police, Aurangabad along with the
Report dated 29.04.2026 of the Sub-Inspector of Police, Goh
Police Station, Aurangabad as well as the Report dated
29.04.2026 of the Mukhiya of Gram Panchayat, Goh, Block-
Aurangabad as also the Death Certificate dated 24.12.2022
issued by the Department of Planning and Development,
Government of Bihar; wherein it is indicated that the sole
appellant, namely, Ram Bhajan Chaudhary, 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
Patna High Court CR. APP (DB) No.649 of 2006(4) dt.11-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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)
shivank/-
U T
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