Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.