Patna High Court
KINKER SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed because the appellant is deceased and no near relative applied for leave to continue the appeal.
Summary
The appellant, Kinker Singh, filed a criminal appeal (DB) No.239 of 2010 before the Patna High Court. During the pendency of the appeal, the court received police reports and a death certificate confirming 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 it. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered it disposed. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant
- Whether Section 394 CrPC (or its equivalent Section 435 B.N.S. 2023) mandates abatement of the appeal in the absence of an application by a near relative
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.239 of 2010
======================================================
Kinker Singh, Son of Late Rudo Singh, Resident of Village- Kendaur, P.S.-
Amarpur, Dist.- Banka.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Brij Nandan Prasad, Adv.
For the Respondent/s : Mr. A. K. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the Report No. 740 dated 02.05.2026 of the
Superintendent of Police, Banka along with the Report dated
01.05.2026 of the Sub-Inspector of Police, Amarpur Police
Station, Banka as well as the Certificate of Death dated
01.05.2026 of the Sarpanch of Gram Kachhari- Kendaur, Block-
Fullidumur, Dist.- Banka; wherein it is indicated that the sole
appellant, namely, Kinker 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.239 of 2010(4) dt.13-05-2026
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)
shivank/-
U T
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