Patna High Court
AJAY CHAUDHARY @ AJAY KUMAR CHOUDHARYversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no relative has applied for leave to continue.
Summary
The appellant, Ajay Chaudhary, died before the hearing of his criminal appeal. The court examined police reports and a death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed if the appellant is deceased and no near relative files an application to continue it. Since no relative applied for leave to proceed, the court held that the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed
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.846 of 2010
======================================================
Ajay Chaudhary @ Ajay Kumar Choudhary, Son of Phulchand Chaudhary,
Resident of Village- Shiva Jee Nagar, Old Jakkanpur, P.S.- Jakkanpur, Dist.-
Patna.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vijay Kumar Sinha, Adv.
For the Respondent/s : Mr. G. P. Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 13-05-2026 Perused the Report No. 2134 dated 11.05.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 08.05.2026 of the Sub-Inspector of Police, Jakkanpur
Police Station, Patna as well as the Certificate of Death dated
08.05.2026 of the Councillor of Ward No. 17, Patna Municipal
Corporation, Patna; wherein it is indicated that the sole
appellant, namely, Ajay Chaudhary @ Ajay Kumar Choudhary,
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.846 of 2010(7) dt.13-05-2026
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)
shivank/-
U T
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