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Patna High Court

KISHORE VIJAY NATH SINGH @ KISHORE SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant died and no near relative sought leave to continue the appeal.

Summary

The appellant, Kishore Vijay Nath Singh, filed a criminal appeal (DB) No.37 of 2012 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by police reports and a death certificate. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with directions to return the trial court record to the concerned court.

Issues considered

  • Can a criminal appeal continue after the death of the sole appellant when no near relative files an application for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.37 of 2012
                       Arising Out of PS. Case No.-92 Year-1998 Thana- MASHRAK District- Saran
                 ======================================================
                 Kishore Vijay Nath Singh @ Kishore Singh, S/O Late Gorakh Nath Singh,
                 Resident Of Village- Mashrakh Gopal Bari, P.O. P.S.- Mashrakh, District-
                 Saran at Chapra

                                                                                 ... ... Appellant/s
                                                      Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sumant Singh, Adv.
                 For the Respondent/s   :        Mr. Lala Kailash Bihari, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                 Perused the Letter No. 363 dated 17.02.2026 of the

                   Senior Superintendent of Police, Saran, Chapra, along with the

                   report dated 16.02.2026 of S.H.O., Masrak P.S., Saran, as well

                   as the certificate of death issued on, 16.02.2026, issued by Chief

                   Councilor, Nagar Panchayat Masrak, wherein it is indicated that

                   during enquiry it came to light that the sole appellant, namely,

                   Kishore Vijay Nath Singh @ Kishore Singh, is dead.

                               2. In view of the said letters 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
             Patna High Court CR. APP (DB) No.37 of 2012(3) dt.13-05-2026
                                                         2/2




                       disposed of.

                                    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)
supratim/-

U      T


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