Patna High Court
RABINDRA SINGH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed of as no near relative applied for leave to continue it under Section 394 CrPC.
Summary
The appellants, Rabindra Singh and Shree Niwas Sharma, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, it was discovered through police reports that both appellants had died. 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 abates if the appellant dies and no near relative seeks leave to continue it. Since no near relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal
- Applicability of Section 394 of the Code of Criminal Procedure, 1973 (Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) to the present case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure
- Section 394
- Section 435
- continuation of appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.54 of 1998
======================================================
1. Rabindra Singh, Son of Late Chandra Singh.
2. Shree Niwas Sharma, Son of Lal Kishun Singh.
Both are residents of Village-Baua Harpura, Police Station-Bikram, District-
Patna.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ranjan Kumar Sharma, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 07-05-2026 Perused the Letter No. 477 dated 14.02.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 09.02.2026 of the Police Inspector-cum-S.H.O., Bikram
Police Station, Patna, wherein it is indicated that during enquiry
it came to light that both the appellants, namely, Rabindra Singh
and Shree Niwas Sharma, are dead.
2. In view of the said letter 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.54 of 1998(3) dt.07-05-2026
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)
Neha/-
U
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