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Patna High Court

NARESH SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.

Summary

The appellant, Naresh Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative applies to continue it. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant.
  • Whether the filing of an application by a near relative is required to continue the appeal under the relevant statutory provision.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bhartiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.291 of 2006
                 ======================================================
                 Naresh Singh S/o Late Ram Nandan Singh, R/o Harli, P.S. Bodh Gaya,
                 District- Gaya.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Ashok Kumar 1, Advocate
                 For the Respondent/s   :     A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                    Perused the report dated 09.05.2026 of the Senior

                   Superintendent of Police, Gaya along with the report dated

                   04.05.2026 of the Sub-Inspector-cum-S.H.O., Bodh Gaya P.S.,

                   wherein it is indicated that during enquiry, it came to light that

                   the sole appellant, namely, Naresh Singh is dead and the death

                   certificate of the appellant is annexed with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023,

                   since no near relative has filed any application for leave to

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.

                               3. Let the trial court record be sent back to the
            Patna High Court CR. APP (DB) No.291 of 2006(4) dt.13-05-2026
                                                        2/2




                      concerned court immediately, if not required in any other cases.



                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
shailendra/-

U       T


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