Patna High Court
MOST. UMA DEVI @ UMA DEVIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed as no application for leave to continue was filed after the appellant’s death.
Summary
The appellant, Most. Uma Devi, filed a criminal appeal which was pending when she died, as confirmed by police and local officials. No near relative filed an application for leave to continue the appeal after her death. 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 upon the death of a party. Since no application was made, 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 lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no 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 proceedings
- death of appellant
- Section 394 CrPC
- Section 435 BHNS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.74 of 2004
======================================================
Most. Uma Devi W/o Late Ram Narayan Choudhary, Village- Birnia, P.S.-
Bhawanipur, District- Purnea
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Viveka Nand Singh, Adv.
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 14-05-2026 Perused the Letter No. 676, dated 06.05.2026 of the
Superintendent of Police, Purnea along with the Report dated
01.05.2026 of the Sub-Inspector of Police, Bhawanipur P.S.,
Purnea, as well as Report dated 01.05.2026 of the Sarpanch,
Gram Kutchery, Latraha, wherein it is indicated that the sole
appellant, namely, Most. Uma Devi is dead.
2. In view of the said letters 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.74 of 2004(3) dt.14-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Anjani/-
U T
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