Patna High Court
Nandey ChaurasiyaversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative filed an application for leave to continue.
Summary
The appellant, Nandey Chaurasiya, filed a criminal appeal (DB) No.93 of 2014 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a police letter and a death certificate issued by the Department of Planning and Development, Government of Bihar. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal stands abated and is disposed of. The trial court record is to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- CrPC Section 394
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.93 of 2014
Arising Out of PS. Case No.-206 Year-2011 Thana- PAKARIBARAW District- Nawada
======================================================
Nandey Chaurasiya, S/O Late Sri Chaurasia, Resident Of Village-
Chhatrawar, P.S- Pakaribwan, District- Nawadah.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ujjwal 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)
6 13-05-2026 Perused the Letter No. 467 dated 02.05.2026 of the
Superintendent of Police, Nawada, along with the report dated
05.05.2026 of Police Inspector-cum-S.H.O., Pakribarawan P.S.,
Nawada, as well as the Death Certificate issued on 23.05.2024,
issued by Department of Planning and Development,
Government of Bihar, wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Nandey
Chaurasiya, is dead.
2. In view of the said letters 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.93 of 2014(6) 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)
supratim/-
U T
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