Patna High Court
Sikandar SinghversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death and the absence of any application by a near relative.
Summary
The appellant, Sikandar Singh, died during the pendency of Criminal Appeal No.365 of 2014. The court received a letter from the Senior Superintendent of Police confirming the death. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative files an application to continue it. Since no relative applied for leave to proceed, the court held that the appeal could not continue. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Does the death of an appellant automatically abate a criminal appeal under Section 394 CrPC (now Sec. 435 B.N.S. 2023) when no near relative applies for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- death of appellant
- abated appeal
- Criminal Procedure
- Section 394 CrPC
- Section 435 B.N.S. 2023
- appeal abatement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.365 of 2014
Arising Out of PS. Case No.-286 Year-1994 Thana- KAHALGAON District- Bhagalpur
======================================================
Sikandar Singh, Son of Late Podin Singh resident of village - Chakraju,
Kahalgaon, District - Bhagalpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nihar Nandan Ambasta, Advocate
For the Respondent/s : Mr. D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 19-03-2026 Perused the Letter No.283 dated 09.02.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
Report dated 06.02.2026 of SHO, Rasalpur Police Station,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Sikandar Singh, is died.
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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.365 of 2014(4) dt.19-03-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
U T
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