Patna High Court
NANHKI SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue the appeal under the applicable statutory provision.
Summary
The appellant, Nanhki Singh, died during the pendency of Criminal Appeal No.272 of 2009 before the Patna High Court. The court examined a letter from the Superintendent of Police and a report confirming the death, along with a death certificate issued by the Gram Kachahari. The court considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that a criminal appeal abates if the appellant dies and no near relative files an application to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.
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 2009
======================================================
Nanhki Singh, Son of Sri Bhikhar Singh, Resident of Village-Kerai, Police
Station-Bibhutipur, District-Samastipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mr.Md.Imteyaz Ahmad, Advocate
Mr. Amrendra Kumar, Advocate
For the Respondent/s : Mr.Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 12-05-2026 Perused the Letter No. 930 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report of
S.H.O., Bibhutipur Police Station dated 08.05.2026, wherein it
is indicated that during enquiry it came to light that the sole
appellant Nanhki Singh has died. Certificate of death of the
appellant issued by Gram Kachahari, Kerai has also been
enclosed with the said report.
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 2009(4) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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