Patna High Court
BABLOO SINGH @ RAJESH KUMAR SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant died and no application for leave to continue was filed.
Summary
The appellant, Babloo Singh, died during the pendency of a criminal appeal before the Patna High Court. The Superintendent of Police and the investigating S.H.O. submitted letters and death certificates confirming the appellant's demise. 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 when the appellant dies and no application is made. Accordingly, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no relative applies for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.876 of 2006
======================================================
Babloo Singh @ Rajesh Kumar Singh, Son of Sri Mithilesh Singh, Resident
of Village-Molana Chack, Police Station-Amarpur, District-Banka.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Amarendra Kumar Jha, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 864 dated 03.05.2026 of the
Superintendent of Police, Banka along with the report of S.H.O.,
Amarpur Police Station dated 02.05.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Babloo Singh @ Rajesh Kumar Singh has died.
Certificate of death issued by Mukhiya of Gram Panchayat Raj
has also been enclosed with the said report. Death report of the
appellant issued by Ashmasan Ghat 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
Patna High Court CR. APP (DB) No.876 of 2006(4) dt.08-05-2026
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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