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Patna High Court

RAJENDRA SINGH @ JANMALKAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.

Summary

The appellant, Rajendra Singh @ Janmalka, died before the hearing of his criminal appeal (CR. APP (DB) No.547 of 2000). The court examined police reports and a death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. 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.

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

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.547 of 2000
                 ======================================================
                 Rajendra Singh @ Janmalka, Son of Ram Sewak Singh, Resident of Village-
                 Simaria, P.S. Barauni, Dist.- Begusarai.

                                                                        ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Zeyaul Hoda, Adv.
                 For the Respondent/s   :     Mr. Ajay Mishra, APP.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

9   12-05-2026                   Perused the Report No. 413 dated 12.02.2026 of the

                   Superintendent of Police, Begusarai along with the Report

                   dated 11.02.2026 of the Inspector of Police-cum-S.H.O.,

                   Barauni Police Station, Begusarai as well as the Certificate of

                   Death dated 09.02.2026 of the Up-Mukhiya of Gram Panchayat-

                   Raj Simaria-1, Block- Barauni, Begusarai; wherein it is

                   indicated that the sole appellant, namely, Rajendra Singh @

                   Janmalka, is 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
            Patna High Court CR. APP (DB) No.547 of 2000(9) dt.12-05-2026
                                                        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)
shivank/-

U      T


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