Patna High Court
LADDU SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
Since no near relative filed an application for leave to continue, the criminal appeal stands abated and is disposed of.
Summary
The appellant, Laddu Singh, died before the hearing of his criminal appeal, as confirmed by police reports and a death certificate. The court examined whether the appeal could continue after the appellant's death under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The court noted that no near relative had filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal could not proceed and was abated. The appeal was therefore disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?
Legislation cited
- Bharatiya 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.942 of 2007
======================================================
Laddu Singh, son of Late Thithar Singh, resident of Village Bishunia, Police
Station Jadia, District- Supaul
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Chandra Bhushan Das, Advocate
For the Respondent : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the report dated 09.05.2026 of the
Superintendent of Police, Supaul along with the report dated
04.05.2026 of the S.D.P.O., Triveniganj, Supaul, which indicate
that the sole appellant Laddu 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 Bharatiya 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.942 of 2007(3) dt.13-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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