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Patna High Court

RITESH KUMAR SINGH @ BHUWAR SINGH @ RITESH SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal abated and was disposed of because the appellant died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Ritese Kumar Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by police reports and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates on the death of the appellant unless a near relative applies for leave to continue. No such application was filed by any relative. Consequently, the court held that the appeal stood abated and ordered the appeal to be disposed of, directing the trial court record to be sent back.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant in the absence of an application by a near relative under Section 394 CrPC/Section 435 B.N.S. 2023?

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.280 of 2009
                  ======================================================
                  Ritesh Kumar Singh @ Bhuwar Singh @ Ritesh Singh, Son of Ramesh Singh,
                  Resident of Village- Laharpa, P.S.- Agiaon, Dist.- Bhojpur.

                                                                            ... ... Appellant/s
                                                   Versus
                  The State of Bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr. Surendra Kumar Singh, Adv.
                  For the Respondent/s   :     Mr. A. K. Sinha, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

10   13-05-2026                 Perused the Report No. 1046 dated 03.05.2026 of the

                    Superintendent of Police, Bhojpur at Ara along with the Report

                    dated 28.04.2026 of the Assistant Sub-Inspector of Police,

                    Agiaon Police Station, Bhojpur as well as the Certificate of

                    Death dated 30.04.2026 of the Sarpanch of Gram Kachhari-

                    Agiaon, Block- Agiaon, Bhojpur; wherein it is indicated that the

                    sole appellant, namely, Ritesh Kumar Singh @ Bhuwar Singh

                    @ Ritesh 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.280 of 2009(10) 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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