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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

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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