Patna High Court
SANTOSH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal is abated and disposed of as the appellant died and no near relative filed an application under the applicable statutory provision.
Summary
The appellant, Santosh Singh, died while his criminal appeal was pending before the Patna High Court. The Superintendent of Police submitted a report and death certificate confirming the appellant's death. 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 that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with instructions to return the trial court records.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.1261 of 2007
======================================================
Santosh Singh, son of Late Ramadhar Singh, r/o Village-Baghini, Police
Station-Mohaniya, District-Kaimur (Bhabhua).
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Surendra Kr.Singh, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 07-05-2026 Perused the Letter No. 598 dated 30.04.2026 of the
Superintendent of Police, Kaimur along with the report of SHO,
Mohaniya Police Station dated 27.04.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Santosh Singh, has died. Death certificate of the
appellant issued by Department of Planning and Development,
Government of Bihar has also been enclosed with the said
report.
2. In view of the said letter 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
Patna High Court CR. APP (DB) No.1261 of 2007(3) dt.07-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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