Patna High Court
Lal Babu SinghversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a near relative.
Summary
The appellant, Lal Babu Singh, filed a criminal appeal (DB) No.777 of 2013. During the pendency of the appeal, the appellant was found to be deceased, as reported by the Superintendent of Police and the Police Inspector. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.777 of 2013
Arising Out of PS. Case No.-13 Year-2007 Thana- AGIAON District- Bhojpur
======================================================
Lal Babu Singh S/O Late Ram Janam Singh Resident Of Village- Sikariya,
P.S.- Agiaon G, District- Bhojpur Bihar.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar, Advocate
For the Respondent/s : Mr. Dilip Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 01-05-2026 Perused the Letter No. 243 dated 15.02.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the Report
dated 07.02.2026 of the Police Inspector-cum-S.H.O, Agiaon
Police Station, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Lal Babu Singh, is
dead.
2. In view of the said letter 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.777 of 2013(4) dt.01-05-2026
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)
Neha/-
U
Checking your session…