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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

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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