Patna High Court
CHUHAN CHAUDHARYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as per Section 394 CrPC (now Sec. 435 B.N.S. 2023) because the appellant died and no near relative filed an application.
Summary
The appellant, Chuhan Chaudhary, died during the pendency of a criminal appeal before the Patna High Court. The court examined a letter from the Superintendent of Police and a police report confirming the appellant's death. The issue was whether the appeal could continue in the absence of a near relative filing an application for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal must abate if no near relative applies. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative files an application for leave to continue the appeal?
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.7 of 2006
======================================================
Chuhan Chaudhary, son of Late Badri Chaudhary, resident of village-Gohada,
P.S. Ariari, District- Sheikhpura.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Choudhary Shyam Nandan, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 19-03-2026 Perused the Letter No.87 dated 09.02.2026 of the
Superintendent of Police, Sheikhpura along with the Report No.
123 dated 04.02.2026 of SHO, Mahuli Police Station, wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Chuhan Chaudhary, is died.
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.7 of 2006(4) dt.19-03-2026
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)
uday/-
U T
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