Patna High Court
ASHOK SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative has applied for leave to continue.
Summary
The appeal was filed by Ashok Kumar Singh and co‑accused against the State of Bihar. During the pendency of the appeal, the Superintendent of Police reported that Ashok Kumar Singh had died, as confirmed by a death certificate issued by the local sarpanch. 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 for abatement of criminal appeals when the appellant is deceased and no near relative seeks leave to continue. Since no relative filed an application for leave to proceed, the court held that the appeal could not continue. Consequently, the criminal 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 can continue when the appellant has died and no near relative applies for leave to proceed under Section 394 CrPC (or its equivalent).
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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1307 of 2008
======================================================
1. Ashok Kumar Singh, Aged about 35 years
2. Dhananjay Singh, Aged about 33 years
3. Chintu Singh @ Rakesh Singh, Aged about 28 years
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arun Kumar Tripathi, 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)
7 14-05-2026 Perused the Letter No. 760 dated 04.05.2026 of the
Superintendent of Police, Buxar, along with the report dated
03.05.2026 of Probationary Sub Inspector, Sonbarsa P.S., as
well as the certificate of death issued on 03.05.2026, issued by
Sarpanch, Gram Kutchery Karsar, Block Nawanagar, District
Buxar (Bihar), wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Ashok Kumar
Singh, is dead.
2. In view of the said letters 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.1307 of 2008(7) dt.14-05-2026
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.