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Patna High Court

NAKUL SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

An appeal abates and is disposed of when the appellant dies and no near relative files an application for leave to continue, as mandated by Section 394 CrPC (now Section 435 B.N.S. 2023).

Summary

The appellant, Nakul Singh, filed Criminal Appeal (DB) No.75 of 2004 before the Patna High Court. While the appeal was pending, the court received a report from the Patna Police Station and the Gram Panchayat confirming that the appellant had died, accompanied by a death certificate. The issue before the court was whether the appeal could continue in the absence of a filing by a near relative seeking leave to proceed. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal upon the death of the appellant unless a relative applies for leave. Applying this provision, the court held that no such application had been filed and therefore 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 upon 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
  • abeyance
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.75 of 2004
                 ======================================================
                 Nakul Singh, Son of Late- Uday Singh, Resident of Village- Chhitnawa, P.S.
                 Maner, Post- Daudpur, District- Patna.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Sumant Singh, Advocate
                 For the Respondent/s   :     Mr. Bipin Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   05-05-2026                     Perused the report dated 21.04.2026 of the P.S.I.

                   Maner P.S., Patna along with the report of the Mukhiya of Gram

                   Panchayat, Raj Khashpur, Maner, Patna, wherein it is indicated

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

                   namely, Nakul Singh is dead and the death certificate of the

                   appellant is annexed with the said report.

                               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.75 of 2004(8) 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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