Patna High Court
JITENDRA KUMAR SINGH @ JITENDRA SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative sought leave to continue.
Summary
The appellant, Jitendra Kumar Singh, filed a criminal appeal (DB) No.277 of 1996 before the Patna High Court. During the pendency of the appeal, the appellant was reported dead as per police reports and a death certificate. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative applies for leave to continue. No near relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court record to be sent back.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.277 of 1996
======================================================
Jitendra Kumar Singh @ Jitendra Singh, Son of Sukhbilas Singh, Resident of
Village- Kataria, P.S.- Agiaon Bazar, Dist.- Bhojpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Akhileshwar Pd. Singh, Adv.
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the Report No. 1218 dated 10.05.2026 of the
Superintendent of Police, Bhojpur at Ara along with the Report
dated 10.05.2026 of the S.H.O., Agiaon Bazar Police Station,
Bhojpur at Ara as well as the Certificate of Death dated
10.05.2026 of the Sarpanch of Gram Kachhari- Katriya, Block-
Piro, Dist.- Bhojpur at Ara; wherein it is indicated that the sole
appellant, namely, Jitendra Kumar Singh @ Jitendra 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
Patna High Court CR. APP (DB) No.277 of 1996(3) dt.13-05-2026
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)
shivank/-
U T
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