Patna High Court
GANESH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the appellant's death and the absence of any application by a near relative.
Summary
The appellant, Ganesh Singh, was the sole party to a criminal appeal before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. The court examined the relevant provisions, namely Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which govern the abatement of criminal proceedings upon the death of a party. Since no near relative filed an application seeking leave to continue the appeal, 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
- What is the effect of the appellant's death on a pending criminal appeal under Section 394 CrPC/Section 435 B.N.S.?
- Whether the appeal can continue in the absence of an application by a near relative for leave to proceed?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.576 of 2004
======================================================
Ganesh Singh, Son of Late Amla Singh, Resident of Village- Badaka
Badheyan, Police Station-Barauli, District-Gopalganj.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kaushal Kumar Jha, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 01-05-2026 Perused the Letter No. 322 dated 13.02.2026 of the
Superintendent of Police, Gopalganj along with the Report
dated 12.02.2026 of the S.H.O, Barauli Police Station,
Gopalganj, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Ganesh Singh, is dead.
2. In view of the said letter as also Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya 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.
Patna High Court CR. APP (DB) No.576 of 2004(5) dt.01-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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