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Patna High Court

SHEOJEE SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.

Summary

The appellant, Sheojee Singh, filed a criminal appeal, but during the pendency of the appeal the appellant died, as evidenced by a death certificate annexed to police reports. The court examined the reports and noted that no near relative had applied for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without such an application. Consequently, the court held that the appeal stands abated. The appeal was therefore disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased
  • Whether the absence of an application by a near relative mandates abatement of the appeal

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Criminal Procedure
  • Section 394
  • Section 435
  • abated appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.382 of 2003
                 ======================================================
                 Sheojee Singh S/o Late Babulal Singh, R/o- Vill.- Barkagaon, P.S.- Tarari,
                 District- Bhojpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :    Mr. Om Prakash Upadhyay, Advocate
                 For the Respondent/s    :    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 report dated 30.04.2026 of the

                   Superintendent of Police, Bhojpur, Ara along with the report

                   dated 30.04.2026 of the Sub-Inspector of Police-cum-S.H.O.,

                   Tarari P.S., wherein it is indicated that during enquiry, it came to

                   light that the sole appellant, namely, Sheojee Singh is dead and

                   the death certificate of the appellant is annexed with the said

                   report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.382 of 2003(3) dt.13-05-2026
                                                        2/2




                                   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)
shailendra/-

U       T


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