Patna High Court
KAMAL DEO SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is deceased and no near relative has applied for leave to continue the appeal.
Summary
The appellant, Kamal Deo Singh, filed a criminal appeal (DB) No.330 of 2012 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced by the Superintendent of Police. The court examined the report and noted that no near relative had filed an application for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal must abate in the absence of such an application. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Sec 394 CrPC (Sec 435 B.N.S. 2023)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- 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.330 of 2012
Arising Out of PS. Case No.-112 Year-1994 Thana- MUFFASIL District- West Champaran
======================================================
Kamal Deo Singh S/O Late Doon Bahadur Singh Resident Of Village-
Patkhalia, P.S.- Motihari Muffasil, District- East Champaran.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dilip Kumar Tondon, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 06-05-2026 Perused the Letter No. 629 dated 17.04.2026 of the
Superintendent of Police, East Champaran, Motihari along with
the report dated 17.04.2026 of the S.H.O., Muffassil P.S.,
Motihari, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Kamal Deo Singh, is dead
and the death certificate of the appellant 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
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.330 of 2012(3) dt.06-05-2026
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)
guddukr/-
U T
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