Patna High Court
SHANKAR SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed as the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Shankar Singh, died during the pendency of Criminal Appeal No.630 of 2010 before the Patna High Court. The police submitted a death certificate and an affidavit from his wife confirming his demise. 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 that an appeal is abated if 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, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant in the absence of an application by a near relative for leave to continue the appeal
- Whether Section 394 of the CrPC (or its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) applies to the present case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.630 of 2010
======================================================
Shankar Singh, S/o Ganesh Prasad Singh @ Ganesh Singh, Resident of Tetri
Pakra, P.S. Naugachhia, District-Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Krishna Mohan, Advocate
For the Respondent/s : Mr.Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 07-05-2026 Perused the Letter No. 241 dated 01.05.2026 of the
Superintendent of Police, Naugachia along with the report of
Sub Inspector of Police cum S.H.O., dated 30.04.2026, wherein
it is indicated that during enquiry it came to light that the sole
appellant Shankar Singh has died. Certificate of death issued by
President of Gram Panchayat, Pakra, Block-Naugachia
(Bhagalpur) along with the affidavit of the wife of the appellant
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,
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.630 of 2010(7) dt.07-05-2026
2/2
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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