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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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