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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, Fulese​shwar 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

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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