Patna High Court
PHULENDRA SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) when the appellant dies and no relative applies for leave to continue.
Summary
The appellant, Phulendra Singh, filed a criminal appeal (DB) No.1343 of 2010 against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by police reports and a death certificate. The court examined the letters and reports confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), 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 stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks leave to continue the appeal?
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.1343 of 2010
======================================================
Phulendra Singh, S/o Late Ram Parikha Singh, R/o Village-Chanda, P.S.-
Khudwan, Dist.-Aurangabad
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bachan Jee Ojha, Adv.
For the Respondent/s : Mr. D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 14-05-2026 Perused the Letter No. 1509 dated 11.05.2026 of the
Deputy Superintendent of Police, Aurangabad, along with the
report dated 08.05.2026 of Sub Inspector of Police, Khudwan
P.S., Aurangabad, as well as the certificate of death issued on
08.05.2026, issued by Ward Member, Ward No. 02, Aurangabad
(Bihar), wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Phulendra 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.1343 of 2010(6) dt.14-05-2026
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)
supratim/-
U T
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