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Patna High Court

VIJAU SINGH @ VIJAY KUMAR SINGH @ VAIDNATH 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 applied for leave to continue.

Summary

The appellant, Vijau Singh, died during the pendency of a criminal appeal (Cr. App. No.166 of 2012). The court examined a police letter and a death certificate confirming 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 unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Can a criminal appeal continue when the appellant is deceased and no near relative seeks leave to proceed?

Legislation cited

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.166 of 2012
                  Arising Out of PS. Case No.-253 Year-2007 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 VIJAU SINGH @ VIJAY KUMAR SINGH @ VAIDNATH SINGH S/O Late
                 Brahmdeo Singh R/O Village - Taralahi, P.S. Bhairpur, District - Darbhanga

                                                                                ... ... Appellant/s
                                                      Versus
                 THE STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Abhay Kumar Singh, Advocate
                 For the Respondent/s   :       Mr. S.C.Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   24-04-2026                   Perused the Letter No. 237 dated 15.02.2026 of the

                   Senior Superintendent of Police, Darbhanga, along with the

                   Report dated 13.02.2026 of the S.H.O., Bahadurpur Police

                   Station, Darbhanga as well as the Death Certificate, which was

                   issued by the Department of Planning and Development,

                   Government of Bihar; wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Vijau Singh @

                   Vijay Kumar Singh @ Vaidnath 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
         Patna High Court CR. APP (DB) No.166 of 2012(3) dt.24-04-2026
                                                     2/2




                   continue the appeal, the Criminal Appeal stands abated and

                   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)
Neha/-

U


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