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Patna High Court

RAM CHANDRA SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is dead and no near relative applied for leave to continue.

Summary

The appellant, Bachan Singh, filed a criminal appeal which was pending when he died, as confirmed by a police letter and a death certificate. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal if the appellant is deceased and no near relative seeks leave to continue it. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was to be sent back to the lower court. The order was pronounced by the Chief Justice and Justice Harish Kumar.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • procedural law
  • Section 394 CrPC
  • Section 435 BHNS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.808 of 2006
                 ======================================================
                 Bachan Singh, Son of Tengari Singh, resident of Village-Bheria, P.S.-
                 Durgawati, District-Kaimur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Manish Kumar -3, Advocate
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   07-05-2026                   Perused the Letter No. 577 dated 30.04.2026 of the

                   Superintendent of Police, Kaimur (Bhabua), along with the

                   Report dated 28.04.2026 of the Police Inspector-cum-S.H.O.,

                   Durgawati Police Station, Kaimur (Bhabua) as well as the Death

                   Certificate, which was issued by the Department of Planning

                   and Development, Government of Bihar; wherein it is indicated

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

                   namely, Bachan 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
         Patna High Court CR. APP (DB) No.808 of 2006(4) dt.07-05-2026
                                                     2/2




                   disposed of.

                                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


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