Patna High Court
SHARDA NAND SINGH @ SHARDA NANDAN SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative has applied for leave to continue the appeal.
Summary
The appellant, Sharda Nand Singh, filed a criminal appeal (DB) No. 564 of 2009 before the Patna High Court. During the pendency of the appeal, the police discovered that the appellant had died, and a death certificate was produced. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no near relative applies to continue the appeal. Since no relative filed any application for leave to continue, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with the trial court record to be sent back to the lower 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
- Bhartiya 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.564 of 2009
======================================================
Sharda Nand Singh @ Sharda Nandan Singh, S/o Late Banshi Singh @
Banshi Mahto, R/o Vill. - Alua Bigha, P.S. Makhdumpur, District –
Jehanabad.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Umesh Kumar, Advocate
For the Respondent/s : Mr. G.P.Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 313 dated 02.05.2026 of the
Superintendent of Police, Jehanabad along with the report dated
27.04.2026 of the S.H.O., Bishunganj P.S., wherein it is
indicated that during enquiry, it came to light that the sole
appellant, namely, Sharda Nand Singh @ Sharda Nandan Singh,
is dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.564 of 2009(3) dt.08-05-2026
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)
shailendra/-
U T
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