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