Patna High Court
MOHAN SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue the appeal.
Summary
The appellant, Mohan Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the police reported that Mohan Singh had died and a death certificate was produced. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative.
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.920 of 2007
======================================================
Mohan Singh, S/o Ramayan Singh, R/o Village-Gidha, P.S. Dawath, District-
Rohtas.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pranav Kumar, 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)
4 12-05-2026 Perused the Letter No. 974 dated 07.05.2026 of the
Superintendent of Police, Rohtas along with the report dated
02.05.2026 of Probationary Sub Inspector, Dawath P.S.,
wherein it is indicated that during enquiry, it came to light that
the sole appellant, namely, Mohan 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.920 of 2007(4) 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.