Patna High Court
PREM SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a relative.
Summary
The appellant Prem Singh filed a criminal appeal, but during the pendency of the appeal the appellant died, as confirmed by a death certificate annexed to police reports. 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 Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no application is made. Consequently, the Court held that the appeal could not proceed. The appeal was therefore abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no relative applies for leave 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
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.908 of 2007
======================================================
Prem Singh, S/o Dhrub Singh @ Dhreep Singh, R/o Deoria, Pauna Tola, P.S.
Maharajganj, District-Siwan.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. A.K.Mouar, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 12-05-2026 Perused the Letter No. 521 dated 07.05.2026 of the
Superintendent of Police, Siwan along with the report dated
03.05.2026 of Police Inspector-cum-S.H.O. Maharajganj P.S.,
wherein it is indicated that during enquiry, it came to light that
the sole appellant, namely, Prem 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.908 of 2007(7) dt.12-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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