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Patna High Court

KRISHNA KUMAR SINGH @ KRISHNAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is dead and no relative applied for leave to continue.

Summary

The appellant, Krishna Kumar Singh, filed a criminal appeal (DB) No.244 of 1998 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 dead and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.244 of 1998
                 ======================================================
                 Krishna Kumar Singh @ Krishna, Son of Late Bhola Singh, Resident of
                 Phulwaria, P.S.- Korha, Dist.- Katihar.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Chittaranjan Sinha, 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)

7   13-05-2026                Perused the Report No. 110 dated 11.02.2026 of the

                   Superintendent of Police, Katihar along with the Report dated

                   10.02.2026 of the Sub-Inspector of Police, Korha Police Station,

                   Katihar as well as the Certificate of Death dated 10.02.2026 of

                   the Sarpanch of          Gram Kachhari- Phulwaria, Block- Korha,

                   Katihar; wherein it is indicated that the sole appellant, namely,

                   Krishna Kumar Singh @ Krishna, 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.244 of 1998(7) 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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