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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

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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