Patna High Court
JATAN SINGH @ RAM JATAN SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated as no near relative applied for leave to continue the appeal after the appellant's death.
Summary
The appellant, Jatan Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal must be abated. Consequently, the High Court disposed of the appeal and ordered the trial court records to be returned.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without an application from 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.497 of 2008
======================================================
Jatan Singh @ Ram Jatan Singh, Son of Late Rameshwar Singh, Resident of
Village-Khanpur, Police Station-Wazirganj, District-Gaya.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Arvind Kumar Singh, Advocate
For the Respondent/s : Mr.L.K.B.Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 1395 dated 08.05.2026 of the
Senior Superintendent of Police, Gaya along with the report of
S.H.O., Wazirganj Police Station, Gaya dated 04.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Jatan Singh @ Ram Jatan Singh has died.
Certificate of death of the appellant issued by Mukhiya of Gram
Panchayat Raj, Bichcha, Gaya has also been enclosed with the
said report.
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.497 of 2008(3) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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