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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

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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