Patna High Court
PRABHUNATH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue, per the applicable statutory provision.
Summary
The appellant, Prabhunath Singh, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the police discovered that the appellant had died, and a death certificate was produced. The court examined whether the appeal could proceed in the absence of the appellant and without any application from a 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 the appellant dies and no relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- section 394 CrPC
- section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1127 of 2008
======================================================
Prabhunath Singh, Son Of Sri Nageshwar Singh, Tejpurwa, P.S.- Marhawrah,
District- Saran
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Umeshanand Pandit, Advocate
For the Respondent/s : Mr. S.N. Pd., APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 15-05-2026 Perused the Letter No. 845 dated 03.05.2026 of the
Senior Superintendent of Police, Saran along with the report
dated 03.05.2026 of the Sub-Inspector-cum-S.H.O., Madhaura
P.S., wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Prabhunath Singh, is dead and
the death certificate of the appellant is annexed with the said
report.
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.
Patna High Court CR. APP (DB) No.1127 of 2008(3) dt.15-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.