Patna High Court
NAGESHWAR SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Nageshwar Singh, filed a criminal appeal (DB) No.706 of 2005 before the Patna High Court. During the pendency of the appeal, a police letter and a Panchayat report revealed that the appellant had died. 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 for abatement of proceedings when the accused is deceased and no near relative applies for continuation. Since no relative filed an application for leave to continue the appeal, 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 concerned 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
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.706 of 2005
======================================================
Nageshwar Singh, Son of Late Sukhlal Singh, Resident of village- Basiyawa,
P.S. Pipra, District- Patna.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Mukesh Kumar Thakur, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 05-05-2026 Perused the Letter No. 1294 dated 23.04.2026 of
the Senior Superintendent of Police, Patna along with the report
dated 21.04.2026 of the member of Panchayat Smiti, Kalyanpur,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Nageshwar Singh, is dead.
2. In view of the said report 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.706 of 2005(6) dt.05-05-2026
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)
guddukr/-
U T
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