Patna High Court
RAMDAHIN SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.
Summary
The appellant, Ramdahin Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police and a death certificate confirmed that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed if the appellant is deceased and no near relative applies for leave to continue. Since no such application was filed, 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
- Whether a criminal appeal can continue when the appellant is deceased and no near relative seeks leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal Appeal
- Abatement
- 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.1417 of 2007
======================================================
Ramdahin Singh, S/o Late Sukhram Singh, R/o Village-Majhuee, P.S.-
Chainpur, Dist.-Kaimur at Bhabhua
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravi Shankar Sahay, 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)
4 11-05-2026 Perused the Letter No. 757 dated 05.05.2026 of the
Superintendent of Police, Kaimur at Bhabhua along with the
letter dated 04.05.2026 of Sub-Inspector of Police, Chainpur
P.S., Kaimur as well as the Death Certificate dated 16.09.2016,
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, Ramadhin 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
Patna High Court CR. APP (DB) No.1417 of 2007(4) 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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