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Patna High Court

DHYAN SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.

Summary

The appellant, Dhyan Singh, filed a criminal appeal (DB) No.712 of 2007 before the Patna High Court. During the pendency of the appeal, the police discovered that the appellant had died, and a death certificate was attached to the investigation report. No near relative filed an application for leave to continue the appeal after the appellant's death. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Court held that the appeal could not proceed and was therefore abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to proceed
  • Applicability of Section 394 CrPC (and its counterpart Section 435 BNS Act, 2023) to abate the appeal

Legislation cited

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.712 of 2007
                 ======================================================
                 Dhyan Singh, Son Of Sudhan Singh, Resident Of Village- Gaurmara, P.S.
                 Patan, District- Palamu (Jharkhand)

                                                                           ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Rajani Kant Singh, Advocate
                 For the Respondent/s   :     Mr. S.N. Pd., APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   15-05-2026                    Perused the Letter No. 800 dated 11.05.2026 of the

                   Superintendent of Police, Kaimur (Bhabhua) along with the

                   report dated 09.05.2026 of the Sub-Inspector-cum-S.H.O.,

                   Durgawati P.S., wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Dhyan Singh, 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 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.712 of 2007(4) dt.15-05-2026
                                                        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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