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Patna High Court

DEEPU KUMAR SINGH @ DIPU KUMARversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no relative applied for leave to continue the appeal.

Summary

The appellant, Deepu Kumar Singh, filed a criminal appeal (DB) No.505 of 2009 before the Patna High Court. The court examined police reports and a death certificate confirming that the appellant 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 if the appellant is deceased and no near relative seeks leave to continue it. No application for such leave was filed by any relative. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the lower court.

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • CrPC Section 394
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.505 of 2009
                 ======================================================
                 Deepu Kumar Singh @ Dipu Kumar, Son of Lal Prasad Singh, Resident of
                 Village- Ramnagara, P.S.- Sakora, Dist.- Muzaffarpur at present Ratwara,
                 Ranjit Cold Storage, P.S.- Sadar, Dist.- Muzaffarpur.

                                                                            ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Radha Mohan Singh, Adv.
                 For the Respondent/s   :     Mr. D. K. Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   13-05-2026                 Perused the Report No. 816 dated 10.05.2026 of the

                   Senior Superintendent of Police, Muzaffarpur along with the

                   Report dated 10.05.2026 of the Inspector of Police-cum-S.H.O.,

                   Sadar Police Station, Muzaffarpur as well as the Death

                   Certificate dated 10.02.2026 issued by the Department of

                   Planning and Development, Government of Bihar; wherein it is

                   indicated that the sole appellant, namely, Deepu Kumar Singh

                   @ Dipu Kumar, 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
            Patna High Court CR. APP (DB) No.505 of 2009(8) dt.13-05-2026
                                                        2/2




                      continue the appeal, the Criminal Appeal stands abated and

                      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)
shivank/-

U      T


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