Patna High Court

CHANDRIKA PASWANversusSTATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of as no near relative applied for leave to continue the appeal under Section 394 CrPC.

Summary

The appellant, Chandrika Paswan, filed a criminal appeal (DB) No. 694 of 2002 before the Patna High Court. During the pendency of the appeal, the Senior Superintendent of Police reported that the appellant had died. 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 for abatement of proceedings when a party dies and no near relative applies to continue the case. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of. The trial court record was ordered to be sent back to the concerned court.

Issues considered

Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC.

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.694 of 2002
                 ======================================================
                 Chandrika Paswan, Son of Late Gainu Paswan, Resident of Village-Jafrabad
                 Sammaspur, P.S.-Fatwah, District-Patna.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Kumar B.N.Singh, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   24-04-2026                    Perused the Letter No. 701 dated 28.02.2026 of the

                   Senior Superintendent of Police, Patna along with the Report

                   dated 26.02.2026 of the S.H.O, Nadi Police Station, Patna,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Chandrika Paswan, 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.694 of 2002(3) 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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