Patna High Court
RAMANAND SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates on the death of the appellant unless a near relative files an application for leave to continue, and therefore the appeal is disposed.
Summary
The appellant Ramanand Singh filed a criminal appeal (DB) No.113 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates on the death of the appellant unless a relative seeks its continuation. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?
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 B.N.S.
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.113 of 2004
======================================================
Ramanand Singh, Son of Singashan Singh, Resident of Village-Jamasarhi,
Police Station-Uchkagaon, District-Gopalganj.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Raghav Prasad, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 26-05-2026 Perused the Letter No. 667 dated 03.05.2026 of the
Superintendent of Police, Gopalganj along with the report of
S.H.O., Uchkagaon dated 01.05.2026, wherein it is indicated
that during enquiry it came to light that the sole appellant
Ramanand Singh has died. Certificate of death of the appellant
issued by Sarpanch of Gram Kachahari Nayalayay, Trilokpur,
Block- Uchkagaon, Gopalganj has also been enclosed with the
said report.
2. In view of the said letters 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.113 of 2004(10) dt.26-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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