Patna High Court
RAVI NATH SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is deceased and no near relative applied for leave to continue the appeal.
Summary
The appellant, Ravi Nath Singh, filed a criminal appeal (DB) No. 465 of 2008 against the State of Bihar. During the pendency of the appeal, the court received a police report confirming that the appellant had died, accompanied by a death certificate. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which govern the 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 of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative seeks its continuation under Section 394 CrPC.
Legislation cited
- Bhartiya 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.465 of 2008
======================================================
Ravi Nath Singh, S/o Late Kapildeo Singh, R/o Vill. Hematpur, P.S. Ara
Muffasil, District – Bhojpur (Ara).
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajeev Roy, Advocate
For the Respondent/s : Mr. Ashwani Kr. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 08-05-2026 Perused the Letter No. 1155, dated 03.05.2026 of the
Superintendent of Police, Bhojpur at Ara along with the report
dated 03.05.2026 of S.H.O., Dhobaha P.S., wherein it is
indicated that during enquiry, it came to light that the sole
appellant, namely, Ravi Nath Singh, is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.465 of 2008(6) dt.08-05-2026
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)
shailendra/-
U T
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