Patna High Court
Ram Naresh Singh @ Naresh SinghversusThe State 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.
Summary
The appellant, Ram Naresh Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as reported by the Senior Superintendent of Police. 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
- Whether a criminal appeal stands abated when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure Code
- Section 394
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.680 of 2015
Arising Out of PS. Case No.-182 Year-2013 Thana- SARAIYA District- Muzaffarpur
======================================================
Ram Naresh Singh @ Naresh Singh s/o Late Saryug Singh r/o Ramkrishna
Dubiyahi, P.S. - Saraiya O.P. Jaintpur, Dist - Muzaffarpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Krishna Kant Singh, Advocate
For the Respondent/s : Mr. Bipin Kumar, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 24-04-2026 Perused the Letter No. 302 dated 10.02.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
Report dated 09.02.2026 of the S.H.O, Jaitpur Police Station,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Ram Naresh Singh @ Naresh 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.680 of 2015(7) dt.24-04-2026
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
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