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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

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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