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Patna High Court

Upendra SinghversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal abated and was disposed of because the appellant died and no near relative sought leave to continue the appeal.

Summary

The appellant, Upendra Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police discovered that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no near relative applies for leave to continue it. No near relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
  • Whether Section 394 of the CrPC (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita) mandates abatement of the appeal.

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.992 of 2015
                     Arising Out of PS. Case No.-175 Year-1994 Thana- BHAWANIPUR District- Purnia
                 ======================================================
                 Upendra Singh, Son of Late Tirpit Singh, Resident of village- Kemai, P.S.-
                 Bhawanipur, District- Purnea

                                                                                  ... ... Appellant/s
                                                       Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Sanjeev Kumar, Adv.
                 For the Respondent/s    :        Mr. S.B.Verma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   08-05-2026                 Perused the Letter No. 226 dated 13.02.2026 of the

                   Superintendent of Police, Purnia along with the Report dated

                   04.02.2026 of Inspector of Police-cum-S.H.O, Bhawanipur

                   Police Station, Purnia; wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Upendra

                   Singh, 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

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.
           Patna High Court CR. APP (DB) No.992 of 2015(4) dt.08-05-2026
                                                       2/2




                                  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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