Patna High Court
LALLAN SINGH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellants are deceased and no relative sought leave to continue.
Summary
The appellants, Lallan Singh and Bhusan Rai, filed a criminal appeal against the State of Bihar. While the appeal was pending, both appellants were reported dead by police and local authorities. The court examined the reports and applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of criminal proceedings upon the death of the accused. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue the appeal
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.417 of 2002
======================================================
1. Lallan Singh, son of Late Ram Sevak Singh
2. Bhusan Rai, son of Late Jamuna Rai
Both resident’s of village Chamahi, P.S.- Chiriya (Sikarganj), P.O. Kapur
Pakri, District- East Champaran, Motihari.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. 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)
3 14-05-2026 Perused the Letter No. 1020, dated 10.05.2026 of the
Superintendent of Police, East Champaran along with the
Report dated 08.05.2026 of Sub-Inspector of Police, Sikarganj
Police Station, Motihari as well as the Report dated 09.05.2026
of the Sarpanch of Gram Kachhari Kapurpakri, Prakhand-
Chiraiya, East Champaran, wherein it is indicated that both the
appellants, namely, Lallan Singh and Bhusan Rai, are dead.
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.417 of 2002(3) dt.14-05-2026
2/2
disposed of.
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)
uday/-
U
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