Patna High Court
SUNIL SINGH @ SUNIL KUMARversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue it under Section 394 of the CrPC (Section 435 of the Bhartiya Nagarik Suraksha Sanhita).
Summary
The appellant, Sunil Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the police reported that the appellant had died and a death certificate was attached. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies for 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
- What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks leave to continue the appeal under the relevant procedural law?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- CrPC
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.697 of 2008
======================================================
Sunil Singh @ Sunil Kumar, S/o Ganesh Dutt Singh, R/o Vill. Bhane Bigha,
P.S. Makhdumpur, District Jehanabad.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shivendra Prasad, 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)
3 08-05-2026 Perused the Letter No. 319, dated 02.05.2026 of the
Superintendent of Police, Jehanabad along with the report dated
24.04.2026 of the Makhdumpur Police Station, wherein it is
indicated that during enquiry, it came to light that the sole
appellant, namely, Sunil Singh @ Sunil Kumar, 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.697 of 2008(3) 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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