Patna High Court
FULESHWR SINGH @ FULO SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Fuleseshwar Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Superintendent of Police and the investigating officer submitted reports and a death certificate confirming that the appellant had died. 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 abated if the appellant is dead and no near relative applies for leave to continue it. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered it to be disposed of, directing the trial court record to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative seeks leave to continue the appeal under Section 394 CrPC (or Section 435 BNSS).
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.442 of 2004
======================================================
Fuleshwar Singh @ Fulo Singh, S/o Late Raj kumar Singh, Village Chalni,
P.S.-Dhoraiya, Dist. Banka
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shiwesh Chandra Mishra, Adv.
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 12-05-2026 Perused the Letter No. 930 dated 05.05.2026 of the
Superintendent of Police, Banka along with the report dated
05.05.2026 of S.H.O., Dhankund P.S., Banka as well as the
certificate of death dated 05.05.2026, issued by the Mukhiya,
Gram Panchayat Senchak, Dhoraiya, Banka (Bihar), wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Fuleshwar Singh @ Fulo Singh, is 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
disposed of.
Patna High Court CR. APP (DB) No.442 of 2004(3) dt.12-05-2026
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)
supratim/-
U T
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