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
- 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.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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