Patna High Court
SANTOSH KUMAR JHA @ LALAN SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of due to the appellant's death and lack of application by any near relative.
Summary
The appellant, Santosh Kumar Jha, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. 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 upon the death of a party when no relative seeks continuation. Accordingly, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when 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 proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.199 of 2000
======================================================
Santosh Kumar Jha @ Lalan Singh, Son of Shri Nawal Kishore Jha, of
Village Binod Nagar, Police Station-Dhanbad, District-Dhanbad.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ranjan Kumar Jha, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the Letter No. 1047 dated 14.05.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of Police Inspector cum S.H.O., Kotwali Police Station,
Bhagalpur dated 26.12.2025, wherein it is indicated that during
enquiry it came to light that the sole appellant Santosh Kumar
Jha @ Lalan Singh has died. Death certificate of the appellant
issued by Department of Planning and Development,
Government of Jharkhand has also been enclosed with the said
reports.
2. In view of the said letters 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.199 of 2000(3) dt.26-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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