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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

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


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