Patna High Court
MAHADEO SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant Mahadeo Singh filed a criminal appeal, but the court learned from police and municipal records that he had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue it. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.302 of 1998
======================================================
Mahadeo Singh, son of Sitaram Singh, resident of Village- Rarauna, P.S.-
Bhagwanpur, District- Vaishali.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kaushal Kumar Jha, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 14-05-2026 Perused the Letter No.526, dated 22.04.2026 of the
Superintendent of Police, Vaishali along with the Report dated
08.02.2026 of S.H.O., Bhagwanpur Police Station as well as the
Death Certificate dated 20.01.2020 of the Department of
Planning and Development, Gram Panchayat Puraina, wherein it
is indicated that the sole appellant, namely, Mahadeo Singh, is
dead.
2. In view of the said letters 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
disposed of.
Patna High Court CR. APP (DB) No.302 of 1998(6) dt.14-05-2026
2/2
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)
uday/-
U
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