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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

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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