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Patna High Court

GOURI SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

An appeal is abated under Section 394 CrPC (Section 435 B.N.S. 2023) when the appellant dies and no near relative seeks leave to continue it.

Summary

The appellant, Gouri Singh, died during the pendency of a criminal appeal against the State of Bihar. The Superintendent of Police and the S.H.O. submitted reports confirming his death along with a death certificate. The court examined whether the appeal could continue in the absence of the appellant. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal stands abated if the appellant is dead and no near relative files an application for leave to continue. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back.

Issues considered

  • The appeal should be abated when the appellant dies and no near relative applies for leave to continue the appeal.

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.596 of 2001
                 ======================================================
                 Gouri Singh, Son Of Late- Buttan Singh, R/O- Village- Panchrukhi, P.S.
                 Dhoraiya, District- Banka.



                                                                          ... ... Appellant/s
                                                  Versus
                 The State Of Bihar


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Ranjeet Kumar Das 2, Advocate
                 For the Respondent/s   :     Mr., APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-03-2026                    Perused the Letter No. 264 dated 12.02.2026 of the

                   Superintendent of Police, Banka along with the Memo No. 268

                   of 2026 dated 10.02.2026 of the S.H.O., Dhankund, Banka,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Gouri Singh, is dead and the death

                   certificate of the appellant is annexed with the said report.

                               2. In view of the said report 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
            Patna High Court CR. APP (DB) No.596 of 2001(4) dt.13-03-2026
                                                        2/2




                      disposed of.

                                   3. Let the trial court record be sent back.



                                                      (Sangam Kumar Sahoo, CJ)


                                                              (Harish Kumar, J)
guddukr/-

U      T


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