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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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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