Patna High Court
NANDJEE SINGH @ SADAN SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the appellant's death and the absence of any application by a near relative.
Summary
The appellant, Nandjee Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by police reports and a death certificate. 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 dies and no near relative applies to continue it. 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 record to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.467 of 2005
======================================================
Nandjee Singh @ Sadan Singh, S/o Ram Lakhan Singh, R/o Village-
Lahathan, P.S. Ajiaon Bazar, Dist.-Bhojpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Lawkush Kumar, 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)
4 12-05-2026 Perused the Letter No. 1126 dated 03.05.2026 of the
Superintendent of Police, Bhojpur, Ara along with the report
dated 03.05.2026 of S.H.O.- Agiaon Bazar P.S., Bhojpur, Ara as
well as the certificate of death dated 03.05.2026, issued by
Mukhiya, Gram Panchayat Lahthan, Block Piro (Bhojpur),
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Nandjee Singh @ Sadan 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
Patna High Court CR. APP (DB) No.467 of 2005(4) dt.12-05-2026
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)
supratim/-
U T
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