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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

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


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