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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

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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