Patna High Court
RADHA KISHUN CHOUHAN @ RADHA KRISHNA CHAUHANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Radha Kishun Chouhan, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by a police letter, an S.H.O. report, and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Does the death of an appellant automatically abate a pending criminal appeal under Section 394 CrPC (or its equivalent Section 435 B.N.S. 2023) if no near relative applies for leave to continue?
- Is any further procedural step required to close the appeal after the appellant's death?
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.776 of 2006
======================================================
Radha Kishun Chouhan @ Radha Krishna Chauhan, Son of Dhakun Chauhan,
R/V-English Nonia Tola, P.S.-Mairwa, District-Siwan.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md.Imteyaz Ahmad, 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 24-04-2026 Perused the Letter No. 121 dated 07.02.2026 of the
Superintendent of Police, Siwan, along with the Report dated
06.02.2026 of the S.H.O., Mairwa Police Station, Siwan as well
as the Death Certificate, which was issued by the Department of
Planning and Development, Government of Bihar; wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Radha Kishun Chouhan @ Radha Krishna
Chauhan, 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.776 of 2006(4) dt.24-04-2026
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)
Neha/-
U
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