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Patna High Court

RAM BABU SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated under Section 394 of the CrPC (Section 435 of the Bharatiya Nagarik Suraksha Sanhita) as no relative applied for leave to continue.

Summary

The appellant, Ram Babu Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. 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 for abatement of proceedings upon the death of a party when no application is made. Consequently, the Court held that the appeal stands abated and ordered it to be disposed. The trial court records were directed to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no relative applies for leave to continue the appeal under Section 394 CrPC.

Legislation cited

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.841 of 2009
                  ======================================================
                  Ram Babu Singh, Son of Late Nag Narayan Singh, r/o Village-Misraulia,
                  Police Station-Chiraiya, District-East Champaran, Motihari.

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

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr.Ajay Kumar Singh, 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)

11   11-05-2026                 Perused the Letter No. 847 dated 04.05.2026 of the

                    Superintendent of Police, East Champaran, Motihari along with

                    the report of S.H.O., Chiraiya Police Station dated 03.05.2026,

                    wherein it is indicated that during enquiry it came to light that

                    the sole appellant Ram Babu Singh has died. Certificate of death

                    of the appellant issued by Sarpanch of Gram Kachahari,

                    Misraulia, Block-Chiraiya, East Champaran has also been

                    enclosed with the said report.

                                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,

                    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.841 of 2009(11) dt.11-05-2026
                                                        2/2




                      disposed of.

                                    3. Let the trial court records be sent back to the

                      concerned court immediately, if not required in any other case.



                                                              (Sangam Kumar Sahoo, CJ)



                                                                   (Harish Kumar, J)
guddukr/-

U


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