Patna High Court
Santu Singh @ Ajit Kumar SinghversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative sought leave to continue.
Summary
The appellant, Santu Singh, filed a criminal appeal (DB) No.1127 of 2012 before the Patna High Court. During the pendency of the appeal, the police discovered that the appellant had died. No near relative filed an application for leave to continue the appeal. The Court, relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.1127 of 2012
Arising Out of PS. Case No.-56 Year-2007 Thana- MALI District- Aurangabad
======================================================
Santu Singh @ Ajit Kumar Singh S/O Sri Akhileshwar Prasad Singh R/O
Village - Mirzapur, P.S. Mali, District - Aurangabad, Bihar
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sarvesh Kumar Singh, Adv.
For the Respondent/s : Mr. A. Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 03-04-2026 Perused the Letter No. 405 dated 10.02.2026 of the
Deputy Superintendent of Police (Headquarter-01), Aurangabad
along with the Report dated 09.02.2026 of S.H.O, Mali Police
Station as well as the Report dated 09.02.2026 of the Mukhiya
of Gram Panchayat-Ankorha Navinagar, Aurangabad; wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Santu Singh @ Ajit Kumar Singh, is dead.
2. In view of the said letter 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
Patna High Court CR. APP (DB) No.1127 of 2012(7) dt.03-04-2026
2/2
disposed of.
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)
shivank/-
U T
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