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
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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