Patna High Court
AJAY SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue under the applicable statutory provision.
Summary
The appellant, Ajay Singh, filed a criminal appeal (DB) No.521 of 2006 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police and the S.H.O. submitted reports confirming that Ajay Singh had died on 20 March 2026. The Court examined 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 can continue after the death of the appellant when no near relative applies for leave to continue under Section 394 CrPC?
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.521 of 2006
======================================================
Ajay Singh, Son of Ram Uday Singh, Resident of Village- Pahasara, P.S.-
Naokothi, Dist.- Begusarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sudhir Kumar Singh, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 11-05-2026 Perused the Letter No. 1282 dated 05.05.2026 of the
Superintendent of Police, Begusarai along with the Report
dated 03.05.2026 of the S.H.O., Naokothi Police Station as well
as the Certificate of Death dated 20.03.2026 of the Sarpanch of
Gram Kachahari, Pahasara West, Block- Naokothi, Begusarai;
wherein it is indicated that the sole appellant, namely, Ajay
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
disposed of.
Patna High Court CR. APP (DB) No.521 of 2006(8) dt.11-05-2026
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)
shivank/-
U T
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