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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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