Patna High Court
Sunil Singh @ Dhogal SinghversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue, per Section 394 CrPC (Sec. 435 B.N.S. 2023).
Summary
The appellant Sunil Singh, who was the sole party to a criminal appeal, died during the pendency of the appeal. The court examined a letter and police report confirming his death, along with a death certificate issued by the local Gram Panchayat. The issue before the court was whether the appeal could continue in the absence of any application by a near relative for leave to proceed. 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 abates when the appellant dies and no relative seeks to continue it. Consequently, the appeal was abated and disposed, and the trial court records were 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 files an application for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 B.N.S. 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.354 of 2014
Arising Out of PS. Case No.-278 Year-2001 Thana- BARH District- Patna
======================================================
Sunil Singh @ Dhogal Singh Son of Late Prahlad Singh, Resident of village-
Berhna, Police Station Barh in the District of Patna.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Anita Kumari Singh, Advocate
For the Respondent/s : Mr.G.P.Jaiswal APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-03-2026 Perused the Letter No. 446 dated 13.02.2026 of the Sr.
Superintendent of Police, Patna along with the report of Police
Inspector cum SHO, Barhpolice station dated 09.02.2026,
wherein it is indicated that during enquiry, it came to light that
the sole appellant Sunil Singh @ Dhogal Singh, has died.
Certificate of death issued by Mukhiya of Gram Panchayat Raj-
Bedhna West, Barh, Patna, has also been enclosed with the said
report.
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
Patna High Court CR. APP (DB) No.354 of 2014(3) dt.26-03-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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