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Patna High Court

CHUNKU MURMU @ BHATTU MURMUversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of under the applicable statutory provision.

Summary

The appellant, Chunku Murmu, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. 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 relative seeks its continuation. Accordingly, the Court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal stands abated when the appellant dies and no near relative files an application for leave to continue the appeal

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.693 of 2009
                 ======================================================
                 Chunku Murmu @ Bhattu Murmu, son of Late Mahesh Murmu @ Mahesh
                 Lal Murmu, r/o Village Majhua, Tola Thongaha Ghat, Police Station-Bounsi
                 (Raniganj), in the district of Araria.

                                                                            ... ... Appellant/s
                                                   Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Akhileshwar Prasad Singh, Advocate
                                               Smt. Anita Kumari Singh, Advocate
                 For the Respondent/s   :      Mr.A.K.Sinha App
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   07-05-2026                  Perused the Letter No. 649 dated 02.05.2026 of the

                   Superintendent of Police, Araria along with the report of SHO,

                   Bounsi Police Station dated 01.05.2026, wherein it is indicated

                   that during enquiry it came to light that the sole appellant

                   Chunku Murmu @ Bhattu Murmu, has died. Certificate of death

                   issued by Sarpanch of Gram Panchayat Raj Majhua East,

                   Raniganj Block, Araria has also been enclosed with the said

                   report.

                                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.693 of 2009(5) dt.07-05-2026
                                                       2/2




                     continue the appeal, the Criminal Appeal stands abated and

                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                                       (Sangam Kumar Sahoo, CJ)



                                                             (Harish Kumar, J)
ranjan/-

U


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