Patna High Court
SHANTI DEVI and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 of the Code of Criminal Procedure, 1973.
Summary
The appellants, Shanti Devi and Chandra Shekhar Pd. Gupta, filed a criminal appeal (DB) No.817 of 2004 against the State of Bihar. During the pendency of the appeal, police reports revealed that both appellants had died. The court examined the Superintendent of Police’s letter and related reports and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative had applied for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative files an application for leave to proceed under Section 394 CrPC.
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.817 of 2004
======================================================
1. Shanti Devi W/o Shri Chandra Shekhar Prasad Gupta
2. Chandra Shekhar Pd. Gupta S/o late K.L. Sah
Both resident of mohalla-Hatia Gachhi, P.S. and Distt. Saharsa.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Mishra, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 03-04-2026 Perused the Letter No. 124 dated 08.02.2026 of the
Superintendent of Police, Saharsa along with the Report dated
07.02.2026 of Inspector of Police-cum-S.H.O, Sadar Police
Station, Saharsa as well as the Report dated 06.02.2026 of the
Ward Councilor of Ward No. 20 of Municipal Corporation,
Saharsa; wherein it is indicated that during enquiry it came to
light that both the appellants, namely, Shanti Devi and Chandra
Shekhar Pd. Gupta, are 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.817 of 2004(5) dt.03-04-2026
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)
shivank/-
U T
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