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Patna High Court

PERMJEET SINGH @ PUTPUT SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue the appeal.

Summary

The appellant, Premjeet Singh, died during the pendency of his criminal appeal against the State of Bihar. The police submitted a death certificate confirming his demise. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative files an application to continue it. Since no relative applied for leave to proceed, the High Court held that the appeal could not continue. 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 after the death of the appellant in the absence of an application by a near relative.
  • Whether Section 394 of the CrPC (or its counterpart Section 435 of the Bhartiya Nagarik Suraksha Sanhita) mandates abatement of the appeal in such circumstances.

Legislation cited

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.673 of 2008
                 ======================================================
                 Premjeet Singh @ Putput Singh, S/o Pravin Kumar Singh, R/o Vill. Soha, P.S.
                 Sonbarsa, District - Saharsa

                                                                             ... ... Appellant/s
                                                   Versus

                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ashutosh Kumar, Advocate
                 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)

5   08-05-2026                   Perused the Letter No. 305 dated 01.05.2026 of the

                   Superintendent of Police, Saharsa along with the report dated

                   30.04.2026 of the S.H.O., Sonbarsa P.S., wherein it is indicated

                   that during enquiry, it came to light that the sole appellant,

                   namely, Premjeet Singh @ Putput Singh, is dead and the death

                   certificate of the appellant is annexed with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.673 of 2008(5) 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)
shailendra/-

U       T


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