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