Patna High Court
CHANDESHWAR SINGH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellants are deceased and no near relative filed an application for leave to continue.
Summary
The High Court examined a criminal appeal filed by Chandeshwar Singh and Bachcha Singh against the State of Bihar. During the pendency of the appeal, both appellants were found to have died, as confirmed by police reports and a death certificate. The Court considered 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 disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates 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.1289 of 2007
======================================================
1. Chandeshwar Singh, S/o Late Raghunath Singh
2. Bachcha Singh, S/o Late Kamla Singh, both R/o Village-Basaw, P.S.-
Basantpur, Dist.-Siwan
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shashi Bhushan Kumar -Manglam
For the Respondent/s : Mr. App.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 430 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., Siwan as
well as the certificate of death dated 02.05.2026 issued by the
Mukhiya, Gram Panchayat Raj Bansao, Block-Basantpur
(Siwan), wherein it is indicated that during enquiry it came to
light that the both the appellants, namely, Chandeshwar Singh
and Bachcha Singh, 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.1289 of 2007(4) dt.11-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
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)
supratim/-
U T
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