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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

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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