Patna High Court
NITYA NAND SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative sought to continue the proceedings.
Summary
The appellant, Nitya Nand Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a police letter and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no near relative applies to continue. Since no relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and 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 has died and no near relative applies for leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.153 of 2006
======================================================
Nitya Nand Singh, Son of Janardan Singh, Resident of Village- Samastipur,
P.S.- Sahabpur Kamal, Dist- Begusarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Manbansh, 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. 1240 dated 04.05.2026 of the
Superintendent of Police, Begusarai along with the Report
dated 02.05.2026 of the Sub-Inspector of Police, Sahabpur
Kamal Police Station as well as the Certificate of Death dated
02.05.2026 of the Sarpanch of Gram Kachhari, Samastipur,
Block- Sahabpur Kamal, Begusarai; wherein it is indicated that
the sole appellant, namely, Nitya Nand 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.153 of 2006(4) dt.11-05-2026
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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