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
- 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.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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