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Patna High Court

SAHENDRA SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no relative sought leave to continue.

Summary

The appellant, Sahendra Singh, filed a criminal appeal (DB) No.617 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant was found to have died, as evidenced by police reports and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to proceed

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.617 of 2011
                 ======================================================
                 Sahendra Singh, S/o Late Anuplal Singh, R/o Village – Salarpur, P.S. -
                 Parbatta, District - Khagaria

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Viveka Nand Singh, Adv.
                 For the Respondent/s   :     Mr. Gulnar Begam, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   08-05-2026                   Perused the Letter No. 536 dated 03.05.2026 of the

                   Superintendent of Police, Khagaria along with the Report dated

                   03.05.2026 of Inspector of Police-cum-S.H.O, Parbatta Police

                   Station as well as the Certificate of Death dated 03.05.2026 of

                   the Mukhiya, Gram Panchayat Raj Bharso, Salarpur; wherein it

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

                   appellant, namely, Sahendra Singh, is dead.

                               2. In view of the said letters 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

                   disposed of.
           Patna High Court CR. APP (DB) No.617 of 2011(7) dt.08-05-2026
                                                       2/2




                                  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)
Anjani/-

U      T


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