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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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