Patna High Court
BABU NAND SINGH and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 of the CrPC as the appellants are deceased and no relative sought leave to continue.
Summary
The appeal was filed by the heirs of three deceased individuals, Babu Nand Singh, Ravi Shankar Singh, and Bishnu Shankar Singh, against the State of Bihar. During the pendency of the appeal, a police report confirmed that all three appellants had died, and death certificates were attached. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of criminal proceedings when the accused is dead. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue when all appellants are deceased
- Whether Section 394 CrPC (or its equivalent Section 435 B.N.S. 2023) mandates abatement of the appeal in such circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.30 of 1996
======================================================
1. Babu Nand Singh , Son of Ramanand Singh, deceased,
2. Ravi Shankar Singh, Son of Babu Nand Singh,
3. Bishnu Shankar Singh, Son of Paras Singh,
All residents of Village- Dhobhan, P.S. Arrah Muffassil, District- Bhojpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Pramod Kumar, Advocate
For the Respondent/s : Mr.Dr. Mayanand Jha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 05-05-2026 Perused the Letter No. 689 dated 21.04.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the report
dated 21.04.2026 of the S.H.O., Dhobhan P.S., Bhojpur, Arrah,
wherein it is indicated that during enquiry it came to light that
all the three appellants, namely, Babu Nand Singh, Ravi
Shankar Singh and Bishnu Shankar Singh, are dead and the
death certificate of the appellants is annexed with the said
report.
2. In view of the said report 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
Patna High Court CR. APP (DB) No.30 of 1996(3) dt.05-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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)
guddukr/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.