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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

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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