Patna High Court
GORAKH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is dead and no near relative applied for leave to continue the appeal.
Summary
The appellant, Gorakh Singh, filed a criminal appeal (DB) No.1309 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate dated 14-09-2022. The court examined the police letter and memo confirming the death and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application for leave to continue the appeal, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (Section 435 BNSS)?
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
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1309 of 2007
======================================================
Gorakh Singh, S/o Late Jagarnath Singh, R/o Village-Mokari Mahuawa, P.S.-
Piprakothi, Dist.-East Champaran.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Binod Kumar Singh, 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)
5 11-05-2026 Perused the Letter No. 845 dated 04.05.2026 of the
Superintendent of Police, East Champaran, Motihari along with
the Memo No. 628 of 2026, dated 03.05.2026 of S.H.O.,
Piprakothi P.S., East Champaran, Motihari, as well as the Death
Certificate dated 14.09.2022 issued by the Department of
Planning and Development, Government of Bihar, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Gorakh Singh, is 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
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.1309 of 2007(5) dt.11-05-2026
2/2
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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