Patna High Court
SUDAN SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue the appeal.
Summary
The appellant, Sudan Singh, filed a criminal appeal (DB) No.158 of 2011 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. 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 that an appeal is abated if the appellant dies and no near relative applies for leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed
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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.158 of 2011
======================================================
Sudan Singh, Son of Late Deoki Singh, resident of Village-Kutual, Police
Station-Barbigha, District-Sheikhpura.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bipin Kumar, Advocate
For the Respondent/s : Mr. D.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 15-05-2026 Perused the Letter No. 471 dated 13.05.2026 of the
Superintendent of Police, Sheikhpura along with the Report
dated 13.05.2026 of the Police Inspector-cum-S.H.O, Barbigha
Police Station, Sheikhpura, wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Sudan
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.158 of 2011(5) dt.15-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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