Patna High Court
SHRI BHAGWAN SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant has died and no relative sought its continuation.
Summary
The appellant Bhagwan Singh filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the sole appellant Kedar Singh was found to have died, as evidenced by a death certificate. No near relative filed an application for leave to continue the appeal. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which provide that an appeal abates on the death of the appellant unless a relative seeks its continuation. Accordingly, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under the relevant procedural law?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.614 of 2002
======================================================
Shri Bhagwan Singh Son of Sri Deo Nath Singh, Resident of Village Garbhe,
P.S.-Kargahar, at present residing at Village-Siswar, P.S.-Kudra, District-
Kaimur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Narendra Kumar, Advocate
Ms. Rashmi Ranjan, Advocate
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 01-05-2026 Perused the Letter No. 247 dated 18.02.2026 of the
Superintendent of Police, Kaimur (Bhabhua) along with the
report of Police Sub Inspector cum SHO, Kudra Police Station,
Kaimur dated 12.02.2026, wherein it is indicated that during
enquiry it came to light that the sole appellant Kedar Singh , has
died. Death Certificate of sole appellant Kedar Singh issued by
the Department of Planning and Development, Gram Panchayat-
Siswar dated 29.03.2020 has also been enclosed with the said
report.
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,
Patna High Court CR. APP (DB) No.614 of 2002(3) dt.01-05-2026
2/2
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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