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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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
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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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