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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

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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