Patna High Court
ARUN SINGH and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as per Section 394 CrPC (now Section 435 B.N.S. 2023) because the appellants are deceased and no relative has applied to continue the appeal.
Summary
The appeal was filed by three accused persons—Arun Singh, Ramdeo Singh, and Samiruddin—against the State of Bihar. During the pendency of the appeal, the Superintendent of Police reported that all three appellants had died. The court examined the applicability of 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 criminal proceedings when the accused dies and no near relative seeks to continue the case. Since no 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 by the High Court.
Issues considered
- Whether a criminal appeal stands abated when all appellants die during the pendency of the appeal and no near relative applies for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.1262 of 2006
======================================================
1. Arun Singh, Son Of Late Bishwanath Singh, R/O Village- Mainpura, P.S.-
Danapur, District- Patna, At Present, Block Road, P.S.- Thakurganj, District-
Kishanganj.
2. Ramdeo Singh, S/O, Sri Motichand Singh, R/O, Village- Dayali, P.S.-
Harnaut, District- Nalanda, At Present Village- Pipri, P.S.- Kurlikot, District-
Kishanganj.
3. Samiruddin, S/O, Late Kutub Ali, R/O- Village- Lengradooba, P.S.
Galgalia, District- Kishanganj.
... ... Appellant/s
Versus
1. The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Nilesh Kumar,Advocate
Mr. Ritwik Thakur, Advocate
For the State : Mr. Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-02-2026 Perused the Letter No.45 dated 06.02.2026 of the
Superintendent of Police, Kishanganj, wherein it is indicated
that during enquiry it came to light that all the three appellants,
namely, Arun Singh, Ramdeo Singh and Samriuddin are dead.
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
Patna High Court CR. APP (DB) No.1262 of 2006(3) dt.13-02-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
guddukr/-
U T
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