Patna High Court
LALLAN SINGH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative filed an application for leave to continue.
Summary
The appellants Lallan Singh and Mithilese Singh filed a criminal appeal before the Patna High Court. Police reports dated 8 May and 11 May 2026 confirmed that both appellants had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue. No such application was filed. Consequently, the Court held that the appeal stands abated and ordered it to be disposed of, directing the trial court record to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue when all appellants are deceased and no near relative seeks 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.1046 of 2007
======================================================
1. Lallan Singh, son of Late Jang Bahadur Singh
2. Mithilesh Singh, son of Lallan Singh
Both resident of Village- Golaghat, Buxar, P.S. Buxar (Town), District- Buxar
... ... Appellants
Versus
The State of Bihar
... ... Respondents
======================================================
Appearance :
For the Appellants : Mr. B.J.Ojha, Advocate
For the Respondent/s : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the report dated 11.05.2026 of the
Superintendent of Police, Buxar along with the report dated
08.05.2026 of the Sub-Inspector of Police, Town Police Station,
Buxar, which indicate that both the appellants, namely, Lallan
Singh and Mithilesh Singh are dead.
2. In view of the said reports 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.1046 of 2007(3) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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