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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

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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