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Patna High Court

Chandraket BhagatversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue.

Summary

The appellant, Chandraket Bhagat, filed a criminal appeal (DB) No.805 of 2014 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. The court examined whether the appeal could proceed in the absence of the appellant and without any application from a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant dies and no relative seeks leave to continue. 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 a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.805 of 2014
                      Arising Out of PS. Case No.-202 Year-2012 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Chandraket Bhagat Son of Late Luxmi Bhagat Resident of Village Pakari, P.S.
                 M.H. Nagar, District Siwan.

                                                                                 ... ... Appellant/s
                                                      Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Ajay Kumar Pandey, Advocate
                 For the Respondent/s    :       Mrs. S.B.Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   12-05-2026                   Perused the Letter No. 520 dated 07.05.2026 of the

                   Superintendent of Police, Siwan, along with the Report dated

                   03.05.2026 of the Sub-Inspector of Police, M.H. Nagar 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, Chandraket

                   Bhagat, 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
         Patna High Court CR. APP (DB) No.805 of 2014(3) dt.12-05-2026
                                                     2/2




                   continue the appeal, the Criminal Appeal stands abated and

                   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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