Patna High Court
KANHAIYA SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Kanhaiya Singh, filed a criminal appeal (DB) No.144 of 2010 before the Patna High Court. During proceedings, the court received a police report and a death certificate confirming 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 continue if the appellant is deceased and no near relative applies for leave to proceed. 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 lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died 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
- Abatement
- Death of appellant
- Section 394 CrPC
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.144 of 2010
======================================================
Kanhaiya Singh, Son of Late Jagarnath Singh @ Natha Singh, Resident of
Village- Charmotia Enar, P.S.- Dumraon, Dist.- Buxar.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kirti Singh, 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)
3 13-05-2026 Perused the Report No. 1003 dated 11.05.2026 of the
Superintendent of Police, Buxar along with the Report dated
09.05.2026 of the Sub-Inspector of Police, Dumraon Police
Station, Buxar as well as the Death Certificate dated 02.03.2021
issued by the Department of Planning and Development,
Government of Bihar; wherein it is indicated that the sole
appellant, namely, Kanhaiya Singh, is dead.
2. In view of the said letter 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.144 of 2010(3) dt.13-05-2026
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)
shivank/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.