Patna High Court
RAJ NANDAN SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as the appellant is dead and no near relative filed an application for leave to continue the appeal.
Summary
The appellant, Raj Nandan Singh, died during the pendency of his criminal appeal before the Patna High Court. The court received a police letter confirming his death and noted that no near relative had filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no relative seeks its continuation. 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
- What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.653 of 2004
======================================================
Raj Nandan Singh, S/O Late Ram Saroop Singh, R/O- Chakiya, P.S.-Paliganj,
District-Patna.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nawal Kishore Singh, Advocate
For the Respondent/s : Mr. Kamlesh Kumar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 01-05-2026 Perused the Letter No. 483 dated 14.02.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 09.02.2026 of the S.H.O, Paliganj Police Station, Patna,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Raj Nandan Singh, is dead.
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
disposed of.
Patna High Court CR. APP (DB) No.653 of 2004(4) dt.01-05-2026
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)
Neha/-
U
Checking your session…