Patna High Court
KAMALDEO SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Kamaldeo Singh, filed a criminal appeal (DB) No.66 of 2002 against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by letters from the Senior Superintendent of Police and the SHO. 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 seeks leave to continue it. 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 lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant if no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.66 of 2002
======================================================
Kamaldeo Singh, Son of Shri Ramgulam Singh, Resident of village-
Jhurkusia, P.S.- Pirpainty, District- Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajesh Kumar Singh, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 14-05-2026 Perused the Letter No. 992, dated 06.05.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
Report dated 05.05.2026 of S.H.O., Ishipur Barahat, Police
Station, wherein it is indicated that the sole appellant, namely,
Kamaldeo 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.66 of 2002(6) dt.14-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.