Patna High Court
Jitender Singh @ SadhuversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Jitender Singh @ Sadhu, filed a criminal appeal (DB) No.804 of 2013 before the Patna High Court. While the appeal was pending, the appellant died, as evidenced by a police letter, a gram panchayat report, and a death certificate. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that 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 can continue after the death of the appellant in the absence of an application by a near relative for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.804 of 2013
Arising Out of PS. Case No.-33 Year-2010 Thana- SACHIVALAYA District- Patna
======================================================
Jitender Singh @ Sadhu S/O Tetar Ram Resident Of Village New Etvarpur,
P.S. Parsa Bazar, District Patna.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar Pandey, Advocate
For the Respondent/s : Mr. A.K. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 19-03-2026 Perused the Letter No.503 dated 16.02.2026 of the
Senior Superintendent of Police, Patna along with the Report
dated 16.02.2026 of the Mukhiya of Gram Panchayat Kurthaul,
Phulwarisharif, Patna as well as the death certificate of the
appellant, wherein it is indicated that the sole appellant, namely,
Jitender Singh @ Sadhu, is died.
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.804 of 2013(4) dt.19-03-2026
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)
uday/-
U T
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