Patna High Court
Bhanu SinghversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is dead and no near relative has applied for leave to continue.
Summary
The appellant, Bhanu Singh, filed a criminal appeal (DB) No.69 of 2014 arising from a 1995 case. During the pendency of the appeal, the police and local authorities reported that the appellant had died. The court examined the letters and reports confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative files an application to continue it. Since no relative applied for leave to proceed, the court held that the appeal stands abated and is disposed of. The trial court record is to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.69 of 2014
Arising Out of PS. Case No.-163 Year-1995 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Bhanu Singh S/O Late Ram Naresh Singh Resident Of Village Ekhalashpur,
P.S- Bhabhua, District-Kaimur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chakravarti Singh, Adv.
For the Respondent/s : Mr. G.P.Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
13 17-04-2026 Perused the Letter No. 201 dated 10.02.2026 of the
Superintendent of Police, Kaimur (Bhabhua) along with the
Report dated 06.02.2026 of Inspector of Police – cum - S.H.O,
Bhabhua Police Station and the Letter dated 06.02.2026 of the
Mukhiya of Gram Panchayat-Akhlaspur, Block-Bhabhua,
District-Kaimur (Bhabhua); wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Bhanu
Singh Pandit, 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
Patna High Court CR. APP (DB) No.69 of 2014(13) dt.17-04-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
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)
supratim/-
U T
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