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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.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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