Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.