Patna High Court
JANARDHAN PRASAD SINGH and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed because the deceased appellants have no surviving near relative to apply for leave to continue under the applicable statutory provision.
Summary
The appellants Janardhan P. Singh, Arun P. Singh and Uday P. Singh were reported dead by the Senior Superintendent of Police. The High Court examined the police letter and accompanying reports confirming their deaths. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed by any relative of the deceased appellants. Consequently, the Court held that the criminal appeal stands abated. The trial court record was ordered to be sent back to the lower court, and the appeal was disposed of.
Issues considered
- Whether a criminal appeal may continue when all appellants are deceased and no near relative seeks leave to proceed
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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.234 of 2003
======================================================
1. Janardhan Pd. Singh, son of Late Ganouri Singh, resident of Village-
Fattiachak, P.S. Kajraili (Nath Nagar), District- Bhagalpur.
2. Arun Pd. Singh, son of Narayan Pd. Singh, resident of Village- Fattachak, P.S.
-Kajraili (Nath Nagar), District- Bhagalpur.
3. Uday Pd. Singh @ Udai Mandal, son of Late Kishun Pd. Singh @ Kishun
Mandal, resident of Village- Guddi, P.S. -Kajraili (Nath Nagar), District-
Bhagalpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Saurabh Raj, Advocate
Mr. Ravi Prakash Dwivedi, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 03-04-2026 Perused the Letter No. 308 dated 10.02.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
Report dated 07.02.2026 of the S.H.O., Kajraili Police Station
as well as the Report dated 08.02.2026 of Mukhiya of Gram
Panchayat Vishanrampur, Block-Nathnagar, Bhagalpur; wherein
it is indicated that the appellants, namely, Janardhan Pd. Singh,
Arun Pd. Singh and Uday Pd. Singh @ Udai Mandal, are 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
Patna High Court CR. APP (DB) No.234 of 2003(4) dt.03-04-2026
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continue the appeal, the Criminal Appeal stands abated and
disposed of.
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)
shivank/-
U T
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