Patna High Court
SANJAY SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Sanjay Singh, filed a criminal appeal (DB) No.473 of 2002 before the Patna High Court. During the pendency of the appeal, the court received police reports confirming that the appellant had died. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to 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 of the deceased filed such an application. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue?
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.473 of 2002
======================================================
Sanjay Singh, S/o Raghav Singh, R/o Village-Chamahi, P.S.-Chiraiya,
District-East Champaran.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Binod Kumar Singh, Adv.
For the Respondent/s : Mr. Binod Bihari Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 13-05-2026 Perused the Report No. 1014 dated 10.05.2026 of
the Superintendent of Police, East Champaran, Motihari along
with the Report dated 08.05.2026 of the Sub-Inspector of Police,
Sikarganj, P.S. Motihari, wherein it is indicated that the sole
appellant, namely, Sanjay Singh, is dead.
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
disposed of.
Patna High Court CR. APP (DB) No.473 of 2002(6) dt.13-05-2026
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)
rohit/-
U T
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