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