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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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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