Patna High Court
RAGHVENDRA SINGH @ KARU SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the death of the appellant and the absence of any application by a near relative.
Summary
The appellant, Raghvendra Singh, filed a criminal appeal (DB) No.113 of 2000 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. The court examined the police report and noted that no near relative had applied for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without a surviving party or a relative's application. Consequently, the court held that the appeal stands abated and is disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no near relative files an application to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- section 394 CrPC
- section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.113 of 2000
======================================================
Raghvendra Singh @ Karu Singh, Son of Bideshwar Singh, Resident of
Village – Kenarkalla, P.S. Sarmera, District – Nalanda.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rudal Singh, Advocate
For the Respondent/s : Dr. Mayanand Jha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 840 dated 17.04.2026 of the
Superintendent of Police, Nalanda along with the report dated
16.04.2026 of the Police Inspector-cum-S.H.O. Sarmera P.S.,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Raghvendra Singh @ Karu Singh, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said report 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.113 of 2000(4) dt.08-05-2026
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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