Patna High Court
KAMAKHYA SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant died and no near relative sought to continue the proceedings.
Summary
The appellant, Kamakhya Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced. The court examined the police reports confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no near relative files an application to continue it. Since no such application was made, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.572 of 1998
======================================================
Kamakhya Singh, S/o Bhagwati Singh, R/o Village-Ramsapur, P.S. Darauda,
District-Siwan.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar Ambastha 1, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 11-05-2026 Perused the Letter No. 83 dated 02.02.2026 of the
Superintendent of Police, Siwan along with the report dated
01.02.2026 of S.H.O. Daraunda P.S. wherein it is indicated that
during enquiry, it came to light that the sole appellant, namely,
Kamakhya 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
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.572 of 1998(7) dt.11-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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