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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

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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