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Patna High Court

SURENDRA SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.

Summary

The appellant Surendra Singh filed a criminal appeal, but the Supreme Court learned from police reports and a death certificate that he had died. 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 if the appellant is deceased and no near relative files an application to continue it. Since no relative applied, the court held that the appeal stands abated. Consequently, the appeal was disposed of. The trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
  • Whether Section 394 of the Code of Criminal Procedure, 1973 (or its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal in such circumstances.

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.113 of 2006
                 ======================================================
                 Surendra Singh, S/o Late Shiva Nandan Singh, R/o Madhepur, P.S.-
                 Dalsinghsarai, Dist.-Samastipur

                                                                           ... ... Appellant/s
                                                  Versus
                 State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Anil Kumar Singh, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

9   12-05-2026                 Perused the Letter No. 759 dated 08.05.2026 of the

                   Superintendent of Police, Samastipur along with the report

                   dated 07.05.2026 of Police Inspector-cum-S.H.O., Dalsingsarai

                   P.S., as well as the Death Certificate dated 13.05.2013, issued by

                   the Department of Medical Health & Family Welfare,

                   Government of Uttarkhand, wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Surendra

                   Singh, is dead.

                               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 2006(9) dt.12-05-2026
                                                         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)
supratim/-

U      T


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