Patna High Court
Rameshwar ChaudharyversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as the appellant is deceased and no near relative filed an application for leave to continue the appeal.
Summary
The appellant, Rameshwar Chaudhary, filed a criminal appeal (Cr. App. DB No.692 of 2014) before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and report. 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 that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether the death of the appellant automatically abates a criminal appeal under the applicable procedural law.
- Whether the filing of an application by a near relative for leave to continue the appeal is required to prevent abatement.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.692 of 2014
Arising Out of PS. Case No.-86 Year-2002 Thana- BATHNAHA District- Sitamarhi
======================================================
Rameshwar Chaudhary S/o Late Fauzdar Chaudhary Resident of Village
Dighi, Police Station Bathnaha in the District of Sitamarhi.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dilip Kumar, Advocate
For the Respondent/s : Mr. Ajay Mishra, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 24-04-2026 Perused the Letter No. 215 dated 06.03.2026 of the
Superintendent of Police, Sitamarhi along with the Report dated
11.02.2026 of the Sub-Inspector of Police, Bathnaha Police
Station, Sitamarhi, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Rameshwar
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
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.692 of 2014(4) dt.24-04-2026
2/2
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)
Neha/-
U
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