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Patna High Court

KEDAR SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant died and no near relative applied for leave to continue.

Summary

The appellant Kedar Singh filed a criminal appeal, but during the pendency of the appeal he died, as reported by the Superintendent of Police. The court examined the death report and considered 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 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 disposed of. The trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal

Legislation cited

Subjects

  • Criminal appeal
  • Abatement
  • Death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S. 2023

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.374 of 2002
                 ======================================================
                 Kedar Singh Son of Late Ram Bali Singh, Resident of Village-Narsanda, P.S.-
                 Chandi, District-Nalanda.


                                                                               ... ... Appellant/s
                                                     Versus
                 State of Bihar


                                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Anjani Kumar, Advocate
                 For the Respondent/s    :       Mr.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   01-05-2026                     Perused the Letter No. 968 dated 28.04.2026 of the

                   Superintendent of Police, Nalanda along with the report of

                   SHO, Chani Police Station dated 24.04.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Kedar Singh, has 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.
           Patna High Court CR. APP (DB) No.374 of 2002(3) dt.01-05-2026
                                                       2/2




                                   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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