Patna High Court
VIJAY SINGH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated under Section 394 CrPC (now Section 435 B.N.S. 2023) as no near relative applied for leave to continue.
Summary
The appellants, Vijay Singh and Bhukhal Ram, filed a criminal appeal (DB) No.543 of 2002 before the Patna High Court. While the appeal was pending, both appellants died, as confirmed by letters and reports from the Superintendent of Police, the Police Inspector, and the village Sarpanch. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party unless a near relative applies for leave to continue. No near relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court record 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.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.543 of 2002
======================================================
1.Vijay Singh S/o Ramashray Singh, Village- Gavirar, P. S. Raghunathpur,
District- Siwan
2. Bhukhal Ram, S/o Late Halkhor Ram, Village- Gavirar, P. S.
Raghunathpur, District- Siwan
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Parmanand Pd.Nr.Sahi, Adv.
For the Respondent/s : Mr. A.P.P
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 14-05-2026 Perused the Letter No. 552, dated 11.05.2026 of the
Superintendent of Police, Siwan along with the Report dated
11.05.2026 of the Police Inspector cum-S.H.O., Raghunathpur
P.S., Siwan, as well as Report dated 11.05.2026 of the Sarpanch,
Gram Kutchery, Gavirar, wherein it is indicated that both the
appellants, namely, Vijay Singh and Bhukhal Ram are dead.
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,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.543 of 2002(5) dt.14-05-2026
2/2
disposed of.
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)
Anjani/-
U T
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