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
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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