Patna High Court
RAMA KANT SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates upon the death of the appellant if no near relative applies for leave to continue, leading to its disposal.
Summary
The appellant, Rama Kant Singh, filed a criminal appeal (DB) No.630 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. 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 abates if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue.
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.630 of 2011
======================================================
Rama Kant Singh, Son of Late Shiya Singh, Resident of Village- Lodipur,
Police Station- Sheikhpura, District- Sheikhpura.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md. Najmul Hodda, Adv.
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)
3 14-05-2026 Perused the Letter No. 461 dated 12.05.2026 of the
Superintendent of Police, Sheikhpura, along with the report
dated 10.05.2026 of S.H.O., Kusumbha P.S., Sheikhpura, as
well as the Certificate of Death issued on 08.05.2026, issued by
Mukhiya, Gram Panchayat- Lodipur, Block- Sheikhpura, Dist.-
Sheikhpura, wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Rama Kant 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
Patna High Court CR. APP (DB) No.630 of 2011(3) dt.14-05-2026
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)
supratim/-
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