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Patna High Court

RAJEEV SINGH @ RAJIV SINGH @ RAJIV RAIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant Rajeev Singh filed a criminal appeal (DB) No.739 of 2007 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police and local officials reported that the appellant had died. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without such an application. Consequently, the Court held that the appeal stands abated and ordered the trial court record to be sent back. The appeal was therefore disposed of.

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 continue 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.739 of 2007
                 ======================================================
                 Rajeev Singh @ Rajiv Singh @ Rajiv Rai, son of Late Shri Singh @ Sri
                 Krishna Rai, Resident of Village- Basudeopur, Police Station- Muffasil,
                 District- Begusarai.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mrs. Archana Sinha, Sr. Advocate
                                               Mr. Alok Kumar, Advocate
                 For the Respondent/s   :      Mr. Abhimanyu Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   11-05-2026                    Perused the Letter No.1280 dated 05.05.2026 of the

                   Superintendent of Police, Begusarai along with the Report dated

                   05.05.2026 of SHO, Mufassil Police Station, Begusarai as well

                   as the Report dated 05.05.2026 of the Sarpanch of Gram

                   Kachahari, Haiwatpur, Koriya, Begusarai wherein it is indicated

                   that during enquiry it came to light that the appellant, namely,

                   Rajeev Singh @ Rajiv Singh @ Rajiv Rai, is dead.

                                2. In view of the said letters 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
             Patna High Court CR. APP (DB) No.739 of 2007(6) dt.11-05-2026
                                                         2/2




                       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)
uday/-

U        T


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