Patna High Court
PRAMOD CHAUDHARYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no relative applied for its continuation.
Summary
The appellant, Pramod Chaudhary, filed a criminal appeal (DB) No.728 of 2002 before the Patna High Court. During the pendency of the appeal, the court received a police report and a death certificate confirming that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is dead and no near relative applies for its continuation. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies 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
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.728 of 2002
======================================================
Pramod Chaudhary, Son of Jageshwar Chaudhary, Resident of Village-
Lokhna, P.S.- Kajra, Dist.- Lakhisarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shailendra Kumar, Adv.
For the Respondent/s : Mr. Binod Bihari Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 13-05-2026 Perused the Report No. 700 dated 11.05.2026 of the
Superintendent of Police, Lakhisarai along with the Report
dated 05.05.2026 of the S.H.O, Kajra Police Station, Lakhisarai
as well as the Certificate of Death dated 05.05.2026 of the
Mukhiya of Gram Panchayat-Raj Shri Kishun, Block-
Suryagadh, Lakhisarai; wherein it is indicated that the sole
appellant, namely, Pramod 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.728 of 2002(6) dt.13-05-2026
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)
shivank/-
U T
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