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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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