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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

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


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