Patna High Court

PINTU SINGHversusSTATE OF BIHAR

Decided: 1 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

A criminal appeal abates and is disposed of where the appellant is dead and no near relative files an application for leave to continue, as mandated by Section 394 of the CrPC.

Summary

The appellant, Pintu Singh, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the Senior Superintendent of Police reported that the appellant had died. The court examined the report and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates that an appeal may continue only if a near relative applies for leave to do so. No such application was filed by any near relative of the deceased appellant. Consequently, the court held that the appeal could not proceed and was 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 can continue when the appellant is deceased and no near relative files an application for leave to continue under Section 394 CrPC?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

Subjects

Criminal Appeal
Abatement
Section 394 CrPC
Death of appellant
Procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.248 of 2004
                 ======================================================
                 Pintu Singh, S/o Prayag Singh, R/o Village-Barka Telpa, P.S.-Chapra Town,
                 District-Saran at Chapra.




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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Nawal Kishore Singh, Advocate
                 For the Respondent/s   :     Mr. Arun Kumar Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   01-05-2026                    Perused the Letter No. 399 dated 17.02.2026 of the

                   Senior Superintendent of Police, Saran along with the Report

                   dated 16.02.2026 of the S.H.O, Town Police Station, Chapra,

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

                   the sole appellant, namely, Pintu 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.248 of 2004(7) dt.01-05-2026
                                                     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)
Neha/-

U

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