Patna High Court
ANIL SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates and is disposed of if the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC.
Summary
The appellant, Anil Singh, filed a criminal appeal (DB) No.388 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate issued by the Mukhiya of Gram Panchayat Raj, Dafarpur. The court examined a letter from the Superintendent of Police and a police report indicating the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), 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 stands abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks leave to continue the appeal under Section 394 CrPC (or its equivalent)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.388 of 2004
======================================================
Anil Singh, Son of Surya Narayan Singh, Resident of Village-Dafarpur,
Police Station-Nao Kothi, District-Begusarai.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Lakshmi Kant Sharma, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 08-05-2026 Perused the Letter No. 1074 dated 28.04.2026 of the
Superintendent of Police, Begusarai along with the report of Sub
Inspector of Police, Nao Kothi dated 27.04.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Anil Singh has died. Certificate of death issued by
Mukhiya of Gram Panchayat Raj, Dafarpur, Nao Kothi,
Begusarai has also been enclosed with the said report.
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
disposed of.
Patna High Court CR. APP (DB) No.388 of 2004(7) dt.08-05-2026
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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