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Patna High Court

JAGARNATH SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of under Section 394 of the CrPC (Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023).

Summary

The appellant Jagarnath Singh filed a criminal appeal (DB) No.1286 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate attached to a police report. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal cannot proceed without a party to represent the deceased. Consequently, the High Court ordered that the criminal appeal stand abated and be disposed of. The trial court record was directed to be sent back to the lower court for any further necessary action.

Issues considered

  • The appeal should be abated upon the death of the sole appellant when no relative applies for leave to continue the appeal under Section 394 CrPC.

Legislation cited

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.1286 of 2007
                 ======================================================
                 Jagarnath Singh, S/o Late Deonandan Singh, R/o Village-Basaon, P.S.
                 Basantpur, District-Siwan.

                                                                         ... ... Appellant/s
                                                  Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Amrendra Kumar, Adv.
                 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   12-05-2026                 Perused the Letter No. 429 dated 30.04.2026 of the

                   Superintendent of Police, Siwan along with the report dated

                   30.04.2026 of Sub Inspector of Police, Basantpur P.S., wherein

                   it is indicated that during enquiry, it came to light that the sole

                   appellant, namely, Jagarnath 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 Bhartiya 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.1286 of 2007(3) dt.12-05-2026
                                                          2/2




                        concerned court immediately, if not required in any other cases.



                                             (Sangam Kumar Sahoo, CJ)


                                                    ( Harish Kumar, J)
rohit/-

U         T


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