Patna High Court
SURENDRA PRASAD UPADHAYAY @ SURENDAR UPADHAYAYversusSTATE 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 under Section 394 CrPC.
Summary
The appellant, Surendra Prasad Upadhayay, filed a criminal appeal (DB) No.991 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant died, as reported by the Superintendent of Police and the S.H.O. The Court examined the death report and applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no near relative seeks leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the criminal appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned 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 for leave to continue the appeal
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.991 of 2006
======================================================
Surendra Prasad Upadhayay @ Surendar Upadhayay, Son of Late Ramraj
Upadhayay, Resident of Village-Mangraon, Police Station-Kachhawan
(Nasariganj), District-Rohtas.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dilip Kumar 1, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 08-05-2026 Perused the Letter No. 816 dated 03.05.2026 of the
Superintendent of Police, Rohtas along with the report of Police
S.H.O., Kacchwa Police Station dated 01.05.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Surendra Prasad Upadhayay @ Surendar Upadhayay
has died.
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
disposed of.
Patna High Court CR. APP (DB) No.991 of 2006(6) dt.08-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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