Patna High Court
LALA SINGH @ RAM NIWAS SHARMAversusSTATE 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 the appeal.
Summary
The appellant, Lala Singh (also known as Ram Niwas Sharma), filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal after his death. 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 without such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1451 of 2007
======================================================
Lala Singh @ Ram Niwas Sharma, son of Janardan Sharma, resident of
village- Sherpura, Police Station- Alipur, District- Gaya
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Manish Kumar 2, Advocate
For the Respondent : Smt. Shashi Bala Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 26-05-2026 Perused the report dated 14.05.2026 of the Senior
Superintendent of Police, Gaya along with the report dated
03.05.2026 of the S.H.O., Alipur Police Station, Gaya, which
indicate that the sole appellant Lala Singh @ Ram Niwas
Sharma is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said reports 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.1451 of 2007(7) dt.26-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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