Patna High Court
RADHEY SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as the appellant is deceased and no near relative has applied for leave to continue.
Summary
The appellant, Radhey Singh, died before the conclusion of his criminal appeal, as evidenced by police reports and a death certificate. 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 when the appellant dies and no one seeks to continue. 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
- What is the effect on a criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- section 394 CrPC
- section 435 BHNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.124 of 2007
======================================================
Radhey Singh, son of Bhola Singh, resident of Village- Chakballi P.S.
Matihani, District- Begusarai
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Ravi Kumar, Advocate
For the Respondent : Mr.A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 13-05-2026 Perused the report dated 09.05.2026 of the
Superintendent of Police, Begusarai along with the report dated
09.05.2026 of the Police Inspector-cum-S.H.O., Matihani Police
Station, Begusarai, which indicate that the sole appellant
Radhey 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.124 of 2007(5) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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