Patna High Court
GULAB SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 of the CrPC (Sec 435 of the Bharatiya Nagarik Suraksha Sanhita) because the appellant died and no near relative sought leave to continue.
Summary
The appellant, Gulab Singh, died during the pendency of Criminal Appeal No. 290 of 2009 before the Patna High Court. The court examined a letter from the Superintendent of Police and a police report confirming the death, along with a death certificate issued by the village Mukhiya. 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 an appeal abates if the appellant dies and no near relative files an application for leave to continue. Since no such application was filed, the court held that the appeal stood abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (Sec 435 B.N.S. 2023)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.290 of 2009
======================================================
Gulab Singh, Son of Debo Singh alias Deven Singh, R/o Vilage-Sahpur,
Police Station-Muffasil, District-Begusarai.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dharmendra Kumar Singh, Advocate
For the Respondent/s : Mr.Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 07-05-2026 Perused the Letter No. 1042 dated 27.04.2026 of the
Superintendent of Police, Begusarai along with the report of
Police Inspector cum SHO, Muffasil Police Station, Begusarai
dated 27.07.2024, wherein it is indicated that during enquiry it
came to light that the sole appellant Gulab Singh, has died.
Certificate of death issued by Mukhiya of Gram Panchayat,
Sahpur, Sadar Block, Begusarai has also been enclosed with the
said report.
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.290 of 2009(7) dt.07-05-2026
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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