Patna High Court
Singhashan PaswanversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Singhashan Paswan, filed a criminal appeal (DB) No.535 of 2015 arising from a 1998 case. During the pendency of the appeal, the appellant died, as evidenced by police reports and a death certificate. 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 is abated if the appellant dies and no near relative applies to continue it. Since no relative filed an application for leave to continue the appeal, the court held that the appeal stands abated. Consequently, the criminal appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- The appeal can continue after the death of the appellant without an application by a near relative.
- The applicability of Section 394 CrPC (now Section 435 B.N.S. 2023) to abate the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.535 of 2015
Arising Out of PS. Case No.-256 Year-1998 Thana- PHULWARISHARIF District- Patna
======================================================
Singhashan Paswan, S/o Late Lala Paswan, R/o Village Nagnwa, P.S. Janipur,
District Patna.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manish Kumar, Adv.
For the Respondent/s : Mr. S.N. Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the Letter No. 626 dated 24.02.2026 of the
Senior Superintendent of Police, Patna, along with the report
dated 10.02.2026 of S.H.O.- Janipur P.S., Patna as well as the
certificate of death issued on 17.02.2026, issued by Mukhiya,
Gram Panchayat Raj, Koriyawa, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Singhashan Paswan, is dead.
2. In view of the said letters 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
Patna High Court CR. APP (DB) No.535 of 2015(4) dt.13-05-2026
2/2
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)
supratim/-
U T
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