Patna High Court
DHANANJAY SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative has applied for leave to continue.
Summary
The appellant, Dhananjay Singh, filed a criminal appeal (DB) No.502 of 1997 before the Patna High Court. During the pendency of the appeal, the police and municipal authorities reported that the appellant had died. The Court examined the relevant letters and reports and considered 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 abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?
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.502 of 1997
======================================================
Dhananjay Singh, S/o Late Suraj Singh, R/o Village Maghaunwa, P.S. Arrah
Town and District Bhojpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Atiullah, 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)
6 17-04-2026 Perused the Letter No. 700 dated 12.09.2025 of the
Superintendent of Police, Bhojpur, Ara along with the Memo
No. 6494 dated 09.09.2025 of Inspector of Police – cum-
S.H.O., Ara Town Police Station as well as the Report dated
10.09.2025 of Ward Councillor, Ward No. 5, Manjhauwa, Bind
Toli, Ara Municipal Corporation, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Dhananjay 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.502 of 1997(6) dt.17-04-2026
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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