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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

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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