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
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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