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Patna High Court

PRABHU NATH PRASAD CHAUDHARY @ PRABHU NATH CHOUDHARYversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no near relative has applied for leave to continue.

Summary

The appellant, Prabhu Nath Prasad Chaudhary, filed a criminal appeal (DB) No.937 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. The Court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of criminal proceedings when the accused dies and no near relative seeks to continue the case. Since no relative filed an application for leave to continue, 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 lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC Section 394
  • Bharatiya Nagarik Suraksha Sanhita Section 435
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.937 of 2011
                 ======================================================
                 Prabhu Nath Prasad Chaudhary @ Prabhu Nath Choudhary, S/O Late Ram
                 Adhin Chaudhary, Village Tikari Tola Sahdulepur, P.S. Hussainganj, District
                 Siwan

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :     Mr. Shambhu Prasad Yadav, Adv.
                 For the Respondent/s    :     Mrs. S. B. Verma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   14-05-2026                 Perused the Letter No. 568 dated 11.05.2026 of the

                   Superintendent of Police, Siwan, along with the report dated

                   07.05.2026 of Police Inspector-cum- S.H.O, Hussainganj P.S.,

                   Siwan, as well as the Death Certificate issued on 13.05.2022,

                   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, Prabhu Nath

                   Prasad Chaudhary @ Prabhu Nath Choudhary, 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.937 of 2011(6) dt.14-05-2026
                                                         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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