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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

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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