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Patna High Court

RAM NARESH SINGH @ NARESH AHIRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) as no application for leave to continue was filed after the appellant's death.

Summary

The appellant, Ram Naresh Singh, died while his criminal appeal was pending before the Patna High Court. The Superintendent of Police and the investigating officer submitted reports confirming the death, along with a death certificate issued by the village Mukhiya. No near relative filed an application for leave to continue the appeal after the appellant's death. The Court 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 if the appellant dies and no application is made to continue it. Consequently, the Court held that the appeal stands abated and ordered it to be disposed of, directing the trial court records to be sent back.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal.
  • Whether Section 394 of the Code of Criminal Procedure, 1973 (or its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) applies to the present case.

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.568 of 2002
                 ======================================================
                 Ram Naresh Singh @ Naresh Ahir, Son of Late Sahdeo Singh, Resident of
                 Village-Lurpurwan Nurpurba, Police Station-Mohania, District-Kaimur at
                 Bhabua, at present Advocate Clerk working in Civil Court, Kaimur at
                 Bhabua, Police Station-Bhabua, District-Kaimur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :     Mr.Narendra Kumar, Advocate
                 For the Respondent/s     :     Mr. Satyanarayan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   26-05-2026                    Perused the Letter No. 623 dated 01.05.2026 of the

                   Superintendent of Police, Kaimur, Bhabhua along with the

                   report of Police Inspector cum S.H.O., Mohania Police Station

                   dated 30.04.2026, wherein it is indicated that during enquiry it

                   came to light that the sole appellant Ram Naresh Singh @

                   Naresh Ahir has died. Certificate of death of the appellant issued

                   by Mukhiya of Gram Panchayat, Bamhaur Khas, Block-

                   Mohania, Kaimur, Bhabhua has also been enclosed with the said

                   reports.

                                  2. In view of the said letters as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
           Patna High Court CR. APP (DB) No.568 of 2002(3) dt.26-05-2026
                                                       2/2




                     since no near relative has filed any application for leave to

                     continue the appeal, the Criminal Appeal stands abated and

                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
ranjan/-

U


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