Patna High Court
ANIL SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC as no relative applied for leave to continue.
Summary
The appellant, Anil Singh, filed a criminal appeal which was pending when he died, as confirmed by a death certificate attached to a police report. 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 for abatement of proceedings upon the death of a party if no relative seeks continuation. Accordingly, the Court held that the appeal could not proceed. The trial court record was ordered to be sent back to the lower court, and the appeal was abated and disposed of.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no relative applies for leave to continue the appeal
- Applicability of Section 394 CrPC (and its counterpart Section 435 BHSS 2023) to the present case
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.1222 of 2010
======================================================
Anil Singh, Son Of Late Yugal Kishore Singh, R/O Village- Suro- P.S.
Bachhwara, District- Begusarai.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sarvesh Kumar Singh
For the Respondent/s : Mr.Umesh Pd.Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 11-05-2026 Perused the Letter No. 1244 dated 04.05.2026 of
the Superintendent of Police, Begusarai along with the report
dated 04.05.2026 of the S.H.O., Bachhwara P.S., Begusarai,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Anil Singh, is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said reports 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.1222 of 2010(5) dt.11-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
U T
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