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
- Bhartiya 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.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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