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Patna High Court

Atul Raj SinghversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application to continue it.

Summary

The appellant, Atul Raj Singh, filed a criminal appeal (DB) No.344 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a letter from the Superintendent of Police and a death certificate. 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 proceedings upon the death of a party when no near relative applies to continue. Since no 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 records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no near relative applies to continue the appeal under Section 394 CrPC.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.344 of 2013
                 Arising Out of PS. Case No.-282 Year-2007 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Atul Raj Singh S/O Late Tej Bahadur Singh Resident Of Village- Meerpur
                 Basahi, P.S.- Shivpur, District- Varanasi U.P.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Rana Vikram Singh, Advocate
                 For the Respondent/s   :        Mr. Abhimanu Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   15-05-2026                    Perused the Letter No. 181 dated 12.02.2026 of the

                   Superintendent of Police, Kaimur (Bhabua), along with the

                   Death Certificate, which was issued by the Department of

                   Medical and Health, Government of Uttar Pradesh; wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Atul Raj Singh, is dead.

                               2. In view of the said letter 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.344 of 2013(3) dt.15-05-2026
                                                     2/2




                                3. Let the trial court records be sent back to the

                   concerned court immediately, if not required in any other cases.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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