Patna High Court
Sheo Dayal Singh and Anr.versusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated due to the death of the appellants and the absence of any application by a near relative.
Summary
The appellants, Sheo Dayel Singh and Ganga Singh, filed a criminal appeal (DB) No.162 of 2014 before the Patna High Court. During the pendency of the appeal, both appellants died, as reported by the Superintendent of Police and the SHO. 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 the appeal. Since no relative filed an application for leave to continue, 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 concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under the applicable statutory provision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.162 of 2014
Arising Out of PS. Case No.-65 Year-1995 Thana- DAWATH District- Rohtas
======================================================
1. Sheo Dayal Singh, Son of Chikhuri Singh
2. Ganga Singh Son of Chikhuri Singh
Both Residents Of Village Dhawei, Police Station Dawath, District Rohtas
At Sasaram
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ambuj Nayan Chaubey, Advocate
For the Respondent/s : Mr. S.C.Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 19-03-2026 Perused the Letter No. 290 dated 11.02.2026 of the
Superintendent of Police, Rohtas along with the Report dated
09.02.2026 of SHO, Dawath Police Station, wherein it is
indicated that during enquiry it came to light that the both the
appellants, namely, Sheo Dayal Singh and Ganga Singh, are
died.
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
Patna High Court CR. APP (DB) No.162 of 2014(8) dt.19-03-2026
2/2
disposed of.
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)
uday/-
U T
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