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Patna High Court

KAUSHAL JHA @ PANCHO JHAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.

Summary

The appellant, Kaushal Jha, died before the conclusion of his criminal appeal. The court examined a police letter and death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • What is the effect of the appellant's death on the pending criminal appeal?
  • Is an application by a near relative required to continue the appeal after the appellant's death?

Legislation cited

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.841 of 2006
                 ======================================================
                 Kaushal Jha @ Pancho Jha, Son of Upendra Jha, Resident of Village-Nawtol,
                 P.S.- Udakishanganj, Dist.-Madhepura.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Amish Kumar, 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   11-05-2026                 Perused the Letter No. 809 dated 05.05.2026 of the

                   Superintendent of Police, Madhepura along with the Report

                   dated 05.05.2026 of the Inspector of Police-cum-S.H.O.,

                   Udakishunganj Police Station as well as the Certificate of Death

                   dated 07.02.2026 of the Mukhiya of Gram Panchayat,

                   Nayanagar, Block- Udakishungan, Madhepura; wherein it is

                   indicated that the sole appellant, namely, Kaushal Jha @ Pancho

                   Jha, 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.841 of 2006(3) dt.11-05-2026
                                                        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)
shivank/-

U      T


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