Patna High Court
AKHILESH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue, as mandated by Section 394 CrPC (now Section 435 BNSS 2023).
Summary
The appellant, Akhilesh Singh, filed a criminal appeal (DB) No.1027 of 2007 against the State of Bihar. During the pendency of the appeal, the appellant died, as reported in a letter from the Superintendent of Police and a police inspector's report. The court examined whether the appeal could continue in the absence of a filing by any near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- The appeal should abate upon the death of the appellant if no near relative files an application for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- procedural law
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1027 of 2007
======================================================
Akhilesh Singh, Son of Sri Ram Satya Singh, resident of Village and P.O.-
Barahi (Rajputana Tola), Police Station-Jai Nagar, District-Madhubani.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sumant Singh, 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)
9 07-05-2026 Perused the Letter No. 371 dated 01.05.2026 of the
Superintendent of Police, Madhubani along with the report of
Police Inspector cum S.H.O., Jai Nagar Police Station dated
30.04.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Akhilesh Singh, 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.1027 of 2007(9) dt.07-05-2026
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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