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Patna High Court

Jagarnath SinghversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of because the appellant died and no near relative filed an application for leave to continue the appeal.

Summary

The appellant Jagarnath Singh filed a criminal appeal (Cr. App. No.448 of 2013) against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court records to be returned. The decision underscores the procedural rule that a criminal appeal cannot proceed without a surviving party or a valid application from a near relative.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under the applicable procedural provision.

Legislation cited

Subjects

  • Criminal appeal
  • Abatement
  • Death of appellant
  • Procedural law
  • Section 394 CrPC
  • Section 435 BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.448 of 2013
                      Arising Out of PS. Case No.-161 Year-2005 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Jagarnath Singh, S/o Baleshwar Singh, R/o Village- Birampur Kritpura, P.S.-
                 Koilwar, District- Bhojpur, Ara

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Rajiva Ranjan, Advocate
                 For the Respondent/s    :        Mr.A.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   07-05-2026                 Perused the Letter No. 227 dated 15.02.2026 of the

                   Superintendent of Police, Bhojpur, Ara along with the report of

                   S.H.O., Gidha Police Station dated 06.02.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Jagarnath Singh has died. Certificate of death issued

                   by Up-Mukhiya of Gram Panchayat, Birampur, Block-Koilwar,

                   Bhojpur has also been enclosed with the said report.

                               2. In view of the said letter 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.448 of 2013(4) dt.07-05-2026
                                                       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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