Patna High Court
BHUSAN SINGH @ SURENDRA SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of if the appellant dies and no near relative applies for leave to continue the appeal under the applicable statutory provision.
Summary
The appellant, Bhuran Singh @ Surendra Singh, filed a criminal appeal (DB) No.894 of 2010 before the Patna High Court. During the pendency of the appeal, the police submitted a report confirming that the appellant had died, and a death certificate was attached. No near relative filed an application for leave to continue the appeal after the appellant's death. The Court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023, governing abatement of appeals upon the death of a party. Applying this provision, the Court held that in the absence of a relative's application, the appeal must be abated. Consequently, the criminal appeal was disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the appropriate procedural consequence when an appellant dies during the pendency of a criminal appeal and no relative seeks to continue the appeal?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- CrPC
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.894 of 2010
======================================================
Bhuran Singh @ Surendra Singh S/o Late Nageshwar Singh, resident of
village- Shahri, P.S. Barh, District- Patna.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr. Abhinay Raj, Advocate
For the Respondent/s : Mr. D.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 1900, dated 04.05.2026 of the
Senior Superintendent of Police, Patna along with the report
dated 02.05.2026 of the Sub-Inspector of Police, Barh P.S.,
wherein it is indicated that during enquiry, it came to light that
the sole appellant, namely, Bhuran Singh @ Surendra Singh, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.894 of 2010(4) dt.11-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
guddukr/-
U T
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