Patna High Court
BALMIKI SINGH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellants are deceased and no application for leave to continue has been filed.
Summary
The appellants, Balmiki Singh and Ramadhar Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police reported that both appellants had died. The Court examined the letters and reports confirming their deaths. Under Section 394 of the Code of Criminal Procedure (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed if the parties are deceased and no near relative applies for leave to continue. Since no such application was filed, the Court held that the appeal stands abated and is disposed of. The trial court record is to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant(s) have died and no near relative seeks leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal appeal
- Abatement
- Death of parties
- Section 394 CrPC
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.262 of 2002
======================================================
1. Balmiki Singh, aged 75 years, son of Late Ram Kishore Singh.
2. Ramadhar Singh, aged 80 years, son of late Daso Singh.
Both resident of Village-Nayagaon Satkhutti, P.S.-Parbatta, District-Khagaria.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Ram Vinay Sharma, Advocate
Mr. Shashi Bhusan, Advocate
Mr. V.R.P.Singh, Advocate
For the Respondent/s : Mr. Shashi Bhushan Kumar -Manglam, Advocate
Mr. Vikash Kumar Singh, Advocate
Mr. Awnish Kumar, Advocate
For the State : Mr. Bipin Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 08-05-2026 Perused the Letter No. 559 dated 04.05.2026 of the
Deputy Superintendent of Police, Khagaria along with the
Report dated 03.05.2026 of the Police Inspector-cum-S.H.O,
Parbatta Police Station, wherein it is indicated that during
enquiry it came to light that both the appellants, namely,
Balmiki Singh and Ramadhar Singh, are dead.
2. In view of the said letters 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.262 of 2002(5) dt.08-05-2026
2/2
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)
guddukr/-
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