Patna High Court
RAM BRIKSH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita).
Summary
The appellant, Ram Briksh Singh, filed a criminal appeal (DB) No.272 of 2002 before the Patna High Court. During the pendency of the appeal, the court received a letter and police report confirming that the appellant had died. The court examined the effect of the appellant's death on the pending appeal under Section 394 of the Code of Criminal Procedure, 1973, which is now mirrored in Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and the case was disposed of, with the trial court record to be sent back to the lower court.
Issues considered
- Does a criminal appeal stand abated upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (now Sec. 435 B.N.S. 2023)?
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.272 of 2002
======================================================
Ram Briksh Singh, Son of Late Chaturi Singh, resident of Village-Naya Gaon,
Satkhuti, P.S.-Parwata, District-Khagaria.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pushkar Narain Shahi, Sr. Advocate
Mr. Ram Vinay Sharma, Advocate
Mr. Amit Anand, Advocate
For the Respondent/s : Mr. Shashi Bhushan Kumar -Manglam, Advocate
Mr. Vikash Kumar Singh, Advocate
Mr. Awnish Kumar, Advocate
For the State : Mr. Binod Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 560 dated 04.05.2026 of the
Superintendent of Police, Khagaria along with the Report dated
03.05.2026 of the Police Inspector-cum-S.H.O, Parbatta Police
Station, Khagaria, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Ram Briksh Singh,
is 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
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.272 of 2002(3) dt.08-05-2026
2/2
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/-
U
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