Patna High Court
Shankar Singh @ Shankar Prasad SinghversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue, as per the applicable statutory provision.
Summary
The appellant, Shankar Singh, filed a criminal appeal (DB) No.848 of 2012 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. 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 that an appeal abates upon the death of the appellant if no relative seeks its continuation. Consequently, the Court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to proceed?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita Section 435
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.848 of 2012
Arising Out of PS. Case No.-37 Year-2009 Thana- BIDUPUR District- Vaishali
======================================================
Shankar Singh @ Shankar Prasad Singh, S/o Late Kunj Bihari Singh,
Resident Of Village-Khilwat, P.S.-Bidupur, District- Vaishali.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Amit Kumar, Advocate
For the Respondent/s : Mr.S.C.Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 07-05-2026 Perused the Letter No. 564 dated 26.04.2026 of the
Superintendent of Police, Vaishali along with the report of
S.H.O., dated 24.04.2026, wherein it is indicated that during
enquiry it came to light that the sole appellant Shankar Singh @
Shankar Prasad Singh has died. Death certificate of the
appellant Department of Planning and Development,
Government of Bihar, Patna has also been enclosed with the
said report.
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
Patna High Court CR. APP (DB) No.848 of 2012(5) dt.07-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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)
ranjan/-
U
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