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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.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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