Patna High Court
Nandni DeviversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates on the death of the appellant unless a near relative applies for leave to continue, as mandated by Section 394 CrPC.
Summary
The appellant, Nandti Devi, filed Criminal Appeal No.688 of 2012 against the State of Bihar. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The Court examined Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and provides that an appeal abates on the death of the appellant unless a near relative applies for leave to continue. No near relative filed such an application. Accordingly, the Court held the appeal abated and ordered its disposal, directing that the trial‑court records be sent back to the concerned trial court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant under Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) when no near relative seeks leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of Appellant
- Section 394 CrPC
- Bharatiya Nagarik Suraksha Sanhita
- Procedural Law
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.688 of 2012
Arising Out of PS. Case No.-91 Year-1997 Thana- SHAMBHUGANJ District- Banka
======================================================
Nandni Devi W/O Late Sachchidanand Singh Resident Of Village-
Parmanadpur, Police Station- Shambhuganj, District- Banka.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chandra Mohan Jha, Advocate
For the Respondent/s : Mr. S.B.Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-03-2026 Perused the Letter No. 159 dated 10.02.2026 of the
Superintendent of Police, Banka, along with Memo No. 188 of
2026 dated 09.02.2026 of the Sub-Inspector of Police,
Shambhuganj Police Station, Banka, wherein it is indicated that
during the enquiry it came to light that the sole appellant,
namely, Nandni Devi, is dead.
2. In view of the said report and Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
and since no near relative has filed any application seeking
leave to continue the appeal, the Criminal Appeal stands abated
and is disposed of accordingly.
Patna High Court CR. APP (DB) No.688 of 2012(4) dt.13-03-2026
2/2
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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