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Patna High Court

RAM NARESH SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Ram Naresh Singh, filed a criminal appeal (DB) No.312 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. 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 that an appeal is abated if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC.

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.312 of 2006
                 ======================================================
                 Ram Naresh Singh, Son of Late Kapildeo Singh, Resident of Village-
                 Trilokpur, P.S.-Uchakagaon, District-Gopalganj.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Naresh Dikshit, Adv.
                                               Mr. Utsav Anand, Adv.
                 For the Respondent/s   :      Mr.AP.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   14-05-2026                     Perused the Letter No. 793 dated 08.05.2026 of the

                   Superintendent of Police, Gopalganj along with the Report

                   dated 04.05.2026 of S.H.O., Uchakagaon P.S., Gopalganj as

                   well as Death Certificate dated 29.12.2023 issued by the

                   Registrar, Birth & Death Registration, NOIDA, U.P., wherein it

                   is indicated that the sole appellant, namely, Ram Naresh 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
           Patna High Court CR. APP (DB) No.312 of 2006(7) dt.14-05-2026
                                                       2/2




                     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)
Anjani/-

U      T


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