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Patna High Court

Bhanu Pratap SinghversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal was abated and disposed of because the appellant died and no relative applied for leave to continue.

Summary

The appellant Bhanu Pratap Singh filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973 and Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provide for abatement of proceedings upon the death of a party when no relative seeks to continue. No near relative filed an application for leave to continue the appeal. Consequently, the court held that the appeal could not proceed and ordered it to be abated and disposed. The trial court records were directed 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
  • Abatement
  • Death of appellant
  • Procedural law
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.111 of 2014
                  Arising Out of PS. Case No.-163 Year-1995 Thana- BHABHUA District- Kaimur (Bhabua)
                  ======================================================
                  Bhanu Pratap Singh Son Of Late Nand Kishore Singh Resident Of Village -
                  Akhlaspur, P.S.- Bhabhua, District - Kaimur


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


                                                                                ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr.Ashhar Mustafa
                  For the Respondent/s   :        Mr.G.P. Jaiswal App
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

12   26-03-2026                 Perused the Letter No.202 dated 10.02.2026 of the

                    Superintendent of Police, Kaimur (Bhabhua) along with the

                    report of Police Inspector cum SHO, Bhabhua police station

                    dated 06.02.2026, wherein it is indicated that during enquiry it

                    came to light that the sole appellant Bhanu Pratap Singh, has

                    died. Certificate of death issued by Mukhiya of Gram Panchayat

                    Akhlashpur, P.S. Bhabhua (Kaimur) has also been enclosed with

                    the said report.

                                2. In view of the said letter as also section 394 of the

                    Code of Criminal Procedure, 1973, which corresponds to
           Patna High Court CR. APP (DB) No.111 of 2014(12) dt.26-03-2026
                                                       2/2




                     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 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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