Patna High Court
RAJESHWAR SINGH @ LUKHO SINGH @ LUKHAR SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal is abated and disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Rajeshwar Singh, died during the pendency of his criminal appeal against the State of Bihar. The court received a letter from the Superintendent of Police confirming the death, along with a police report. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no such application was filed, the High Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal.
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
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.191 of 2005
======================================================
Rajeshwar Singh @ Lukho Singh @ Lukhar Singh, S/O Late Radhey Singh,
R/O-Village- Paspura, P.S.-Mufassil, District-Begusarai.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Nilesh Kumar, Advocate
Mr. Md. Imteyaz Ahmad, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 01-05-2026 Perused the Letter No. 910 dated 23.04.2026 of the
Superintendent of Police, Begusarai along with the Report dated
22.04.2026 of the Police Inspector-cum-S.H.O, Mufassil Police
Station, Begusarai, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Rajeshwar Singh
@ Lukho Singh @ Lukhar 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.191 of 2005(6) dt.01-05-2026
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)
Neha/-
U
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