Patna High Court
Santosh Singh @ Lalu ThakurversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is deceased and no near relative has applied for leave to continue the appeal under Section 394 CrPC.
Summary
Santosh Singh, the sole appellant in a criminal appeal, was found to have died during the pendency of the appeal. The court examined letters from the Senior Superintendent of Police and the Inspector‑cum‑S.H.O, along with a death certificate, confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if the appellant dies and no near relative files an application for leave to continue. Since no relative applied, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated when the appellant dies and no near relative files an application for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.925 of 2013
Arising Out of PS. Case No.-10 Year-2009 Thana- MARHAURA District- Saran
======================================================
Santosh Singh @ Lalu Thakur Son Of Sri Sheoji Singh Resident Of Village -
Nethua, P.S. - Marhaura, Dist.-Saran at Chapra
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shashi Bhushan Kumar Manglam, Adv.
Mr. Vikash Kumar Singh, Adv.
For the Respondent/s : Mr. G. P. Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 08-05-2026 Perused the Letter No. 417, dated 18.02.2026 of the
Senior Superintendent of Police, Saran along with the Report
dated 16.02.2026 of Inspector of Police-cum-S.H.O, Marhaura
Police Station as well as the Certificate of Death dated
15.02.2026 of the Member of Panchayat Samiti, Gram
Panchayat Raj, Salimpur, Block-Marhaura, Saran; wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Santosh Singh @ Lalu Thakur, is dead.
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.925 of 2013(8) dt.08-05-2026
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continue the appeal, the Criminal Appeal stands abated and
disposed of.
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)
Anjani/-
U T
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