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Patna High Court

RAM PUJAN SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of.

Summary

The appellant, Ram Pujan Singh, filed a criminal appeal (DB) No.534 of 2003 before the Patna High Court. During the pendency of the appeal, the court learned from police and local reports that the appellant had died. 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 seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?

Legislation cited

Subjects

  • criminal appeal
  • abeyance
  • death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S. 2023
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.534 of 2003
                 ======================================================
                 Ram Pujan Singh, son of late Balchandra Singh, resident of Village Kopa
                 Kalan, P.S. Naubatpur, District Patna.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ramakant Sharma, 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)

3   03-04-2026                 Perused the Letter No. 530 dated 17.02.2026 of the

                   Senior Superintendent of Police, Patna along with the Report

                   dated 10.02.2026 of Inspector of Police-cum-S.H.O, Naubatpur

                   Police Station as well as the Report dated 17.02.2026 of the

                   Sarpanch of Gram Kachahari Chak-Chechaul, Block-Naubatpur,

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

                   that the sole appellant, namely, Ram Pujan 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.534 of 2003(3) dt.03-04-2026
                                                        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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