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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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