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Patna High Court

MANOJ SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue the appeal.

Summary

Manoj Singh appealed against a conviction by the State of Bihar. While the appeal was pending, the appellant died, as evidenced by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides that a criminal appeal is abated if the appellant dies and no near relative applies for leave to continue the appeal. No such application was filed by any relative. Consequently, the court held that the appeal could not proceed and ordered it to be abated and disposed of.

Issues considered

  • Can a criminal appeal continue after the death of the appellant without an application by a near relative for leave to proceed?

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.242 of 1999
                 ======================================================
                 Manoj Singh, S/o Late Nageshwar Singh, R/o Pakri Bangali, P.S. Siwan
                 Mufassil, District-Siwan.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Raghav Prasad, Adv.
                 For the Respondent/s   :     Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   11-05-2026                 Perused the Letter No. 464 dated 04.05.2026 of the

                   Superintendent of Police, Siwan along with the report of

                   Probationary Police Inspector of P.S. Mahadeva, Siwan as well

                   as the Death Certificate of the appellant dated 30.12.2021,

                   wherein it is indicated that during enquiry, it came to light that

                   the sole appellant, namely, Manoj Singh, is dead.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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 record be sent back to the
              Patna High Court CR. APP (DB) No.242 of 1999(3) dt.11-05-2026
                                                          2/2




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



                                             (Sangam Kumar Sahoo, CJ)


                                                    ( Harish Kumar, J)
rohit/-

U         T


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