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Patna High Court

DEEPAK KUMAR SINHA @ DEEPAK PRASADversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Deepak Kumar Sinha, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate issued by the Government of Jharkhand. The High Court examined a letter from the Superintendent of Police and a police report confirming 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 may be continued only if a near relative files an application for leave to continue. No such application was filed. Consequently, the Court held that the appeal stands abated and ordered the trial court records to be sent back. The appeal was therefore disposed of.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 BNS?

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.39 of 2003
                 ======================================================
                 Deepak Kumar Sinha @ Deepak Prasad, Son of Late Brahmdeo Prasad,
                 Resident of Village-Narganjo, Police Station-Jhajha, District-Jamui (Bihar).

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Jitendra Prasad Singh, Advocate
                 For the Respondent/s     :      Mr. Satyanarayan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   26-05-2026                    Perused the Letter No. 205 dated 02.03.2026 of the

                   Superintendent of Police, Jamui along with the report of Police

                   Inspector cum S.H.O., Jhajha Police Station dated 27.02.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Deepak Kumar Sinha @ Deepak Prasad has

                   died. Death certificate of the appellant issued by Department of

                   Economics & Statistics, Government of Jharkhand 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
           Patna High Court CR. APP (DB) No.39 of 2003(4) dt.26-05-2026
                                                       2/2




                     disposed of.

                                   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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