Patna High Court
SHANTI DEVI and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- DISPOSED
Holding
The appeal stands abated and is disposed of.
Summary
The appellants in two criminal appeals – Shanti Devi and Sujit Kumar Singh in Appeal No.487, and Pitambar Singh in Appeal No.489 – were reported dead by the Superintendent of Police. No near relative filed an application seeking leave to continue the appeals. 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 for abatement of proceedings on the death of a party. Since no application was made, the Court held that the appeals stand abated. Consequently, both appeals were disposed of without further hearing.
Issues considered
- Whether a criminal appeal is abated on the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.487 of 1996
======================================================
1. Shanti Devi wife of Pitambar Singh
2. Sujit Kumar Singh son of Pitambar Singh both resident of village-Chechar,
P.S.-Vidupur, District-Vaishali.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 489 of 1996
======================================================
Pitambar Singh Son of Late Aahip Narayan Singh, resident of village-
Chechar, P.S.-Vidupur, District-Vaishali.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 487 of 1996)
For the Appellant/s : Mr. Nachiketa Jha, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, A.P.P.
(In CRIMINAL APPEAL (DB) No. 489 of 1996)
For the Appellant/s : Mr. Nachiketa Jha, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 20-02-2026 Re: Criminal Appeal (DB) No. 487 of 1996
Perused the Letter No. 341 dated 13.02.2026 issued
by the Superintendent of Police, Muzaffarpur, along with the
report of the S.H.O., Bidupur, Vaishali annexed thereto, wherein
it has been mentioned that both the appellants, namely, Shanti
Devi and Sujit Kumar Singh, have died.
2. In view of the said letter and having regard to
Patna High Court CR. APP (DB) No.487 of 1996(3) dt.20-02-2026
2/2
Section 394 of the Code of Criminal Procedure, 1973, which
corresponds to Section 435 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and inasmuch as no near relative has filed any
application seeking leave to continue the appeal, the present
Criminal Appeal stands abated and is accordingly disposed of.
Re: Criminal Appeal (DB) No. 489 of 1996
Perused the Letter No. 342 dated 13.02.2026 issued
by the Superintendent of Police, Muzaffarpur, along with the
report of the S.H.O., Bidupur, Vaishali annexed thereto, wherein
it has been mentioned that the sole appellant, namely, Pitambar
Singh, has died.
2. In view of the said letter and having regard to
Section 394 of the Code of Criminal Procedure, 1973, which
corresponds to Section 435 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and inasmuch as no near relative has filed any
application seeking leave to continue the appeal, the present
Criminal Appeal stands abated and is accordingly disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U T
Checking your session…