Patna High Court
BABAN SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue.
Summary
The appellant, Baban Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the court learned from police and local reports that the appellant had died. 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 the appellant is deceased and no near relative applies for leave to continue. No relative filed such an application. Consequently, the 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
- What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.21 of 2008
======================================================
Baban Singh, Son of Late Chandradip Singh, Resident of Village- Ranipur,
P.S.- Paliganj, Dist.- Patna.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jyotendra Pratap Singh, Adv.
For the Respondent/s : Mr. Dilip Kr. Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 14-05-2026 Perused the Letter No. 2043 dated 06.05.2026 of
the Senior Superintendent of Police, Patna, along with the
report dated 03.05.2026 of S.H.O., Imamganj P.S., Patna, as
well as the Report dated 02.05.2026, issued by the Sarpanch,
Gram Kachhari- Akbarpur Ranipur, Block-Paliganj, District-
Patna, wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Baban Singh, is dead.
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
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.21 of 2008(5) dt.14-05-2026
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)
Anjani/-
U T
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