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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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