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Patna High Court

Shamser 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, Shamser Singh, filed a criminal appeal (DB) No.233 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as indicated in a letter from the Superintendent of Police and a police report. 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 that an appeal is abated if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to continue

Legislation cited

Subjects

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

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.233 of 2013
                    Arising Out of PS. Case No.-177 Year-2000 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Shamser Singh S/O Late Uma Singh Resident Of Village- Bimwan, Police
                 Station- Jagdishpur In The Distric Of Bhojpur.

                                                                                 ... ... Appellant/s
                                                      Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Ms. Anita Kumari Singh, 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)

3   15-05-2026                     Perused the Letter No. 229 dated 15.02.2026 of the

                   Superintendent of Police, Bhojpur along with the Report dated

                   07.02.2026 of the Police Inspector-cum-S.H.O, Jagdishpur

                   Police Station, Bhojpur, wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Shamser

                   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.233 of 2013(3) dt.15-05-2026
                                                     2/2




                                3. Let the trial court records 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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