Patna High Court
NAND LAL TIWARYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a near relative.
Summary
The appellant, Nand Lal Tiwary, filed a criminal appeal (DB) No. 738 of 2010 before the Patna High Court. During the pendency of the appeal, the court received police reports 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 cannot proceed unless a near relative applies for leave to continue it. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant.
- Whether Section 394 of the CrPC (or its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita) mandates abatement of the appeal in the absence of an application by a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- criminal procedure
- Section 394 CrPC
- Section 435 B.N.S. 2023
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.738 of 2010
======================================================
Nand Lal Tiwary, Son of Late Raghunath Tiwari, Resident of Village- Aash
Nagar, P.S.- Kanti, Dist.- Muzaffarpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Udai Shankar Singh, Adv.
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)
4 13-05-2026 Perused the Report No. 805 dated 10.05.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
Report dated 28.04.2026 of the Sub-Inspector of Police-cum-
S.H.O., Panapur Kariyat Police Station, Muzaffarpur as well as
the Certificate of Death dated 28.04.2026 of the Sarpanch of
Gram Kachhari- Bakatpur, Block- Kanti, Dist.- Muzaffarpur;
wherein it is indicated that the sole appellant, namely, Nand Lal
Tiwary, 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
Patna High Court CR. APP (DB) No.738 of 2010(4) dt.13-05-2026
2/2
disposed of.
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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