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Patna High Court

SUDDI SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no relative sought leave to continue.

Summary

The appellant, Suddi Singh, filed a criminal appeal (DB) No.1238 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to a police report. 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), the court held that in the absence of such an application, the appeal cannot proceed. Consequently, the court ordered that the criminal appeal stand abated and be disposed of. The trial court record was to be sent back to the lower court for any further necessary action.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no relative applies for leave to continue the appeal under Section 394 CrPC?

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.1238 of 2008
                 ======================================================
                 Suddi Singh, Son Of Banarsi Singh, R/O Village- Gowal Para, P.S.- Rupauli,
                 District- Purnia.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Sanjeev Kumar 1, Advocate
                 For the Respondent/s   :     Mr.S.C.Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   06-05-2026                     Perused the Letter No. 625 dated 30.04.2026 of the

                   Superintendent of Police, Purnea along with the report dated

                   28.04.2026 of the S.H.O., Rupauli P.S., Purnea, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Suddi Singh, is dead and the death certificate

                   of the appellant is annexed with the said report.

                               2. In view of the said report 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.1238 of 2008(6) dt.06-05-2026
                                                        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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