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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

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


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