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Patna High Court

DEVENDRA SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue under the applicable statutory provision.

Summary

The appellant, Devendra Singh, filed a criminal appeal (DB) No.222 of 2003 before the Patna High Court. During the pendency of the appeal, the appellant died, as reported in a letter from the S.H.O. Maner. The court examined the effect of the appellant's death on the pending appeal under Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal must abate. Consequently, the criminal appeal was disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • What is the legal consequence of the death of an appellant on a pending criminal appeal when no near relative seeks leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abeyance
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.222 of 2003
                 ======================================================
                 Devendra Singh, Son of Late Prem Priya Singh, Resident of Village-Kathotia
                 Kala, Police Station-Maner, District-Patna.


                                                                             ... ... Appellant/s
                                                     Versus
                 State of Bihar


                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Vijay Kumar Singh, Advocate
                 For the Respondent/s    :       Mr. Sujit Kumar Singh, 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. 1256/26 of the S.H.O., Maner

                   Police Station, Patna dated 09.02.2026, wherein it is indicated

                   that during enquiry it came to light that the sole appellant

                   Devendra Singh has died.

                                  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.

                                   3. Let the trial court records be sent back to the
           Patna High Court CR. APP (DB) No.222 of 2003(3) dt.26-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


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