Created by Fuzzy Cloud

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

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
                                                       2/2




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.