Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.