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Patna High Court

SIDHI SINGH @ SIDHI SHARMA and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of due to the death of the appellants and the absence of any application by a near relative.

Summary

The appellants, Sidhi Singh and Sahaja Singh, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the police discovered that both appellants had died, and death certificates were produced. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of any application, the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no relative seeks leave to proceed.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC Section 394
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.611 of 2008
                 ======================================================
                 1. Sidhi Singh @ Sidhi Sharma, S/o Ram Brichh Singh
                 2. Sahaja Singh @ Sahaja Sharma, S/o Bhagith Singh
                 All are R/o Vil. Datamai, P.S. Dhanarua, District - Patna

                                                                           ... ... Appellant/s
                                                  Versus
                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Pramod Kumar, Advocate
                 For the Respondent/s   :     Mr. D.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   08-05-2026                   Perused the Letter No. 1321 dated 25.04.2026 of the

                   Senior Superintendent of Police, Patna along with the report

                   dated 24.04.2026 of the Sub-Inspector, Kadirganj P.S., wherein

                   it is indicated that during enquiry, it came to light that the

                   appellants, namely, Sidhi Singh @ Sidhi Sharma and Sahaja

                   Singh @ Sahaja Sharma, are dead and the death certificates of

                   both the appellants are 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 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
            Patna High Court CR. APP (DB) No.611 of 2008(5) dt.08-05-2026
                                                        2/2




                      disposed of.

                                   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)
shailendra/-

U       T


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