Patna High Court
MITHAI LAL SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant is dead and no near relative files an application for leave to continue, per the applicable statutory provision.
Summary
Mithai Lal Singh appealed a criminal conviction before the Patna High Court. During the pendency of the appeal, the police discovered that the appellant had died, and a death certificate was attached to the investigation report. The court examined whether the appeal could continue in the absence of the appellant. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant is dead and no near relative applies for leave to continue. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back.
Issues considered
- What is the appropriate procedural consequence when an appellant dies before a criminal appeal is decided and no relative seeks leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.537 of 1999
======================================================
Mithai Lal Singh, Son of Ghur Phekhan Singh, Resident of Village-
Manikpur, P.S. Bhagwanpur, District- Kaimur at Bhabua.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ram Bhusan Pd., Advocate
For the Respondent/s : Mr. Ajay Mishra, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 05-05-2026 Perused the Letter No. 456 dated 24.04.2026 of the
Superintendent of Police, Kaimur (Bhabua) along with the
report dated 21.04.2026 of the S.H.O., Bhagwanpur P.S.,
Kaimur, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Mithai Lal Singh, is dead
and the death certificate of the appellant is annexed with the
said report.
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.537 of 1999(7) dt.05-05-2026
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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