Patna High Court
VIJAY SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.
Summary
The appellant Vijay Singh filed a criminal appeal, but the court learned from police and local panchayat reports that he had died. No near relative filed an application 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 such an application. Consequently, the High Court held that the appeal stands abated. The trial court record is to be sent back to the lower court, and the appeal is disposed of.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal under Section 394 CrPC.
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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1209 of 2006
======================================================
Vijay Singh, S/o Late Banshi Singh, Resident of Village- Sukunpur, P.S.-
Fatuha, District- Patna
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sandeep Jha, Adv.
For the Respondent/s : Mr.A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 14-05-2026 Perused the Letter No. 2034 dated 06.05.2026 of
the Senior Superintendent of Police, Patna along with the Report
dated 04.05.2026 of Police Inspector-cum-S.H.O., Fatuha P.S.,
Patna as well as Report of the Member, Panchayat Samiti, Gram
Panchayat Raj Maujipur, wherein it is indicated that the sole
appellant, namely, Vijay 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
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.1209 of 2006(3) dt.14-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Anjani/-
U T
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