Patna High Court
Rajesh Sindhu @ Kuku Sindhu @ KukkuversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed of under Section 394 of the CrPC (Section 435 of the Bharatiya Nagarik Suraksha Sanhita) due to the appellant's death and lack of any application by a near relative.
Summary
The appellant, Rajesh Sindhu, filed a criminal appeal (DB) No.565 of 2013 before the Patna High Court. During the pendency of the appeal, the police reported that the appellant had died. The Court examined the report and applied 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 on the death of the appellant unless a near relative seeks leave to continue it. No such application was filed by any relative. Consequently, the Court held that the appeal stood abated and ordered its disposal, directing that the trial court records be sent back to the trial court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant under Section 394 CrPC/Section 435 B.N.S.
- Whether the appeal can be continued in the absence of an application by a near relative
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.565 of 2013
Arising Out of PS. Case No.-33 Year-1994 Thana- CHANDAN District- Banka
======================================================
Rajesh Sindhu @ Kuku Sindhu @ Kukku S/O A.B.M. Sindhu @ Manohar
Sindhu Resident Of Village Bhairoganj, Police Station Chandan, P.O.
Anandpur, District Banka Bihar.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md. Nurul Hoda, Advocate
For the Respondent/s : Mr. S.B.Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 13-03-2026 Perused the Letter No. 185 dated 10.02.2026 of the
Superintendent of Police, Banka, along with Memo No. 187 of
2026 dated 08.02.2026 of the S.H.O., Anandpur Police Station,
Banka, wherein it is indicated that during the enquiry it came to
light that the sole appellant, namely, Rajesh Sindhu @ Kuku
Sindhu @ Kukku, is dead.
2. In view of the said report and Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
and since no near relative has filed any application seeking
leave to continue the appeal, the Criminal Appeal stands abated
and is disposed of accordingly.
Patna High Court CR. APP (DB) No.565 of 2013(5) dt.13-03-2026
2/2
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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