Patna High Court
SANTOSH KUMAR and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue.
Summary
The appellants, Santosh Kumar and Shikandra Singh, filed a criminal appeal (DB) No.826 of 2008 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police and the S.H.O. submitted letters confirming that both appellants had died, as further evidenced by a death certificate issued by the local Sarpanch. The Court examined these documents and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which govern the abatement of appeals when a party dies. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the criminal 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 may continue when the appellant has died and no near relative applies for leave to proceed under the applicable procedural provisions.
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 B.N.S. 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.826 of 2008
======================================================
1. Santosh Kumar, S/o Rajendra Chaudhary,
2. Shikandra Singh @ Satyendra Singh, S/o- Bindeshwar Singh, both
residents of Village-Kadma, P.S.-Raghopur, Dist.-East Champaran
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Archana Sinha, Sr. Adv.
Mr. Alok Kumar, Adv.
For the Respondent/s : Mr. Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 955 dated 06.05.2026 of the
Superintendent of Police, East Champaran, Motihari along with
the letter dated 08.05.2026 of S.H.O., Rajepur P.S., East
Champaran, Motihari as well as the certificate of death dated
05.05.2018, issued by the Sarpanch, Gram Kutchery Semraha,
Block-Tetriya, District-East Champaran (Bihar), wherein it is
indicated that during enquiry it came to light that both the
appellants, namely, Santosh Kumar and Shikandra Singh @
Satyendra Singh, are dead.
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,
Patna High Court CR. APP (DB) No.826 of 2008(3) dt.11-05-2026
2/2
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
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)
supratim/-
U T
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