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Patna High Court

RAKESH SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is dead and no near relative has applied for leave to continue.

Summary

The appellant, Rakesh Singh, filed a criminal appeal (DB) No.133 of 2007 before the Patna High Court. During the pendency of the appeal, the court received letters and reports indicating that the appellant had died. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which govern the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared 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 stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S. 2023
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.133 of 2007
                 ======================================================
                 Rakesh Singh, son of Shiv Singh, resident of Village- Bhagwatipur Karmaur,
                 P.S.- Pandarak, District- Patna.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Advocate
                 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.1908 dated 04.05.2026 of the

                   Senior Superintendent of Police, Patna along with the Report

                   dated 01.05.2026 of SHO, Pandarak Police Station, Patna as

                   well as the Report dated 01.05.2026 of the Up-Mukhiya of

                   Gram Panchayat Raj, Bihari Bigha, Pandarak, Patna wherein it

                   is indicated that during enquiry it came to light that the

                   appellant, namely, Rakesh 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

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.
             Patna High Court CR. APP (DB) No.133 of 2007(4) dt.11-05-2026
                                                         2/2




                                    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)
uday/-

U        T


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