Patna High Court
Manoj Choudhary and Ors.versusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
A criminal appeal is abated and disposed of where the appellant(s) have died and no near relative files an application for leave to continue, pursuant to Section 394 of the CrPC and Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The appeal was filed by three brothers, Manoj, Munna and Kapil Choudhary, against the State of Bihar. During the pendency of the appeal, all three appellants were reported dead. The court examined a letter from the Superintendent of Police and police reports confirming their deaths. The court considered Section 394 of the Code of Criminal Procedure, 1973 and Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provide that a criminal appeal abates if the appellant dies and no near relative seeks leave to continue. Since no relative filed such an application, the court held the appeal to be abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant(s) have died and no near relative files an application for leave to continue?
- Whether Section 394 of the CrPC and Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandate abatement of the appeal in such circumstances?
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
- Section 435 BNS 2023
- Procedural Law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.69 of 2013
Arising Out of PS. Case No.-51 Year-2002 Thana- KOILWAR District- Bhojpur
======================================================
1. Manoj Choudhary S/O Kapil Choudhary Resident Of Village Birampur
Kritpura, P.S. Koilwar, District Bhojpur.
2. Munna Choudhary S/O Kapil Choudhary Resident Of Village Birampur
Kritpura, P.S. Koilwar, District Bhojpur.
3. Kapil Choudhary S/O Late Ram Dhayan Choudhary Resident Of Village
Birampur Kritpura, P.S. Koilwar, District Bhojpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhavesh Kumar, Adv.
For the Respondent/s : Mr. Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 17-04-2026 Perused the Letter No. 226 dated 15.02.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 06.02.2026 of S.H.O, Gidha Police Station and the Report
dated 18.01.2026 of the Mukhiya of Gram Panchayat-Birampur,
Block-Koilwar, District-Bhojpur; wherein it is indicated that
during enquiry it came to light that all the three appellants,
namely, 1. Manoj Choudhary, 2. Munna Choudhary and 3. Kapil
Choudhary are dead.
2. In view of the said letter as also Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Patna High Court CR. APP (DB) No.69 of 2013(4) dt.17-04-2026
2/2
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
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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