Patna High Court
MADAN MOHAN SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Madan Mohan Singh, filed a criminal appeal (DB) No.1243 of 2008 before the Patna High Court. During the pendency of the appeal, the police discovered that the appellant had died, and a death certificate was attached to the investigation report. The court examined the relevant provisions, namely Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal.
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
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1243 of 2008
======================================================
Madan Mohan Singh, Son Of Ram Lakhan Singh, Resident Of Village-
Sheohar, P.S.- Mokama, District- Patna
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Prem Chandra Yadav, Advovcate
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 11-05-2026 Perused the Letter No. 1852 dated 03.05.2026 of
the Senior Superintendent of Police, Patna along with report
dated 30.04.2026 of the Sub Inspector of Police-cum-S.H.O.,
Mokama P.S., Patna, wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Madan Mohan
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.
Patna High Court CR. APP (DB) No.1243 of 2008(6) dt.11-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
U T
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