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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

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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