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Patna High Court

SANJAY KUMAR SINGH @ SANJAY MAHTAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of due to the appellant's death and the absence of any application by a near relative.

Summary

The appellant, Sanjay Kumar Singh, filed a criminal appeal (DB) No.512 of 2000 before the Patna High Court. During the pendency of the appeal, the police reported that the appellant had died. The court examined the report and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide that an appeal abates if the appellant dies and no near relative seeks leave to continue it. 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

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023)?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.512 of 2000
                 ======================================================
                 Sanjay Kumar Singh @ Sanjay Mehta, Son of Shri Dinesh Prasad Singh,
                 Resident of Jhandapur, P.S. Vihpur, District – Bhagalpur.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mrs. Madhuri Lata, Advocate
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   08-05-2026                  Perused the Letter No. 769 dated 02.05.2026 of the

                   Superintendent of Police, Madhepura along with the report

                   dated 01.05.2026 of the Sub-Inspector of Police, Jhandapur P.S.,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Sanjay Kumar Singh @ Sanjay

                   Mehta, is dead.

                               2. In view of the said report 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

                   disposed of.
            Patna High Court CR. APP (DB) No.512 of 2000(6) dt.08-05-2026
                                                        2/2




                                   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)
guddukr/-

U      T


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