Patna High Court
RAM CHHABILA SINGH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no application for leave to continue was filed by a near relative.
Summary
The appellants, Ram Chhabila Singh and Ram Nasika Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, both appellants died, as evidenced by death certificates and police reports. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which governs the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?
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
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.538 of 2002
======================================================
1.Ram Chhabila Singh, Son of Late Dutt Narayan Singh, Resident of Village-
Rampur-Oyana, Police Station-Parasi (Arwal), District-Arwal (Jehanabad).
2.Ram Nasiba Singh, Son of Late Dharm Singh, Resident of Village-Rampur-
Oyana, Police Station-Parasi (Arwal), District-Arwal (Jehanabad).
... ... Appellants
Versus
State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr.Mrigank Mauli, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 26-05-2026 Perused the Letter No. 287 dated 18.05.2026 of the
Superintendent of Police, Arwal along with the report of S.H.O.,
Parasi Police Station dated 18.05.2026, wherein it is indicated
that during enquiry it came to light that the appellants Ram
Chhabila Singh and Ram Nasiba Singh have died. Certificate of
death of the appellants issued by Mukhiya of Gram Panchayat,
Rampur Vaina, Village+Post-Rampur Vaina, Police Station-
Parasi, District-Arwal have also been enclosed with the said
reports.
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,
Patna High Court CR. APP (DB) No.538 of 2002(5) dt.26-05-2026
2/2
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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