Patna High Court
MAHENDRA SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the sole appellant dies and no near relative files an application for leave to continue the appeal under the applicable statutory provision.
Summary
Mahendra Singh, the sole appellant in Criminal Appeal (DB) No. 772 of 2005, died during the pendency of the appeal. The Superintendent of Police and the investigating officer submitted letters and a death certificate confirming his demise. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, dealing with the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal must abate. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the sole appellant dies and no near relative seeks 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
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.772 of 2005
======================================================
Mahendra Singh, Son of Late Anuplal Singh, Resident of Village-Salarpur,
Police Station-Parbatta, District-Khagaria.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Birendra Kr.Singh, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 08-05-2026 Perused the Letter No. 532 dated 03.05.2026 of the
Superintendent of Police, Khagaria along with the report of
Police Inspector cum S.H.O., Parbatta Police Station dated
03.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Mahendra Singh has died.
Certificate of death issued by Mukhiya of Gram Panchayat Raj,
Bharso, Parbatta, Khagaria has also been enclosed with the said
report.
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.772 of 2005(5) dt.08-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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