Patna High Court
VIJAY SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the appellant's death and the absence of a relative's application for leave to continue.
Summary
The appellant Vijay Singh filed a criminal appeal, but the court learned from police reports and a death certificate that he had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue. No such application was filed. Consequently, the High Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court record 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
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.488 of 2002
======================================================
Vijay Singh, S/o Late Chandrika Singh, R/o Village-Dariyapur, Police
Station-Barhiya, District-Lakhisarai.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajib Ranjan Jha, Adv.
Mr. Rajesh Kumar, Adv.
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the Report No. 589 dated 30.04.2026 of the
Superintendent of Police, Lakhisarai along with the Report
dated 30.04.2026 of S.H.O., Barahiya Police Station, as well as
the Certificate of Death dated 01.05.2026 of the Ward
Councillor, Ward No.5, Gram Panchayat, Raj Lakshmipur,
Block-Barahiya, Lakhisarai, wherein it is indicated that the sole
appellant, namely, Vijay 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
Patna High Court CR. APP (DB) No.488 of 2002(4) dt.13-05-2026
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)
rohit/-
U T
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