Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.