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Patna High Court

UMESH SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no near relative filed an application for leave to continue.

Summary

Umesh Singh filed a criminal appeal (DB) No.348 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no relative seeks its continuation. Accordingly, the 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.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.348 of 2008
                  ======================================================
                  UMESH SINGH, S/o Chhatish Singh, R/o Vill. Pansala, P.S. Muffasil,
                  District - Begusarai

                                                                               ... ... Appellant/s
                                                    Versus

                  THE STATE OF BIHAR

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr. Ashish Kumar, Advocate
                  For the Respondent/s   :     Mr. Ashwani Kr. Sinha, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

11   08-05-2026                   Perused the Letter No. 964 dated 25.03.2026 of the

                    Superintendent of Police, Begusarai along with the report dated

                    24.04.2026 of the S.H.O., Lakho P.S., Begusarai, wherein it is

                    indicated that during enquiry, it came to light that the sole

                    appellant, namely, Umesh 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 Bhartiya 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.348 of 2008(11) dt.08-05-2026
                                                       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)
shailendra/-

U


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