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Patna High Court

SK.HASIBversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of because the appellant is dead and no relative applied for leave to continue.

Summary

The appellant, Sk. Hasib, filed a criminal appeal (DB) No.1007 of 2006 before the Patna High Court. During the pendency of the appeal, the police investigation revealed that the appellant had died, and a death certificate was attached to the report. No near relative filed an application for leave to continue the appeal after the appellant's death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant is deceased and no application is made. Consequently, the Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative files an application for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S. 2023
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1007 of 2006
                 ======================================================
                 Sk. Hasib, S/o Late Sk. Basarat, R/o Vill. Hingna Hat, P.S. Bhargama, District
                 - Araria

                                                                               ... ... Appellant
                                                    Versus

                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s     :     Mr. Ramesh Kumar Singh, Advocate
                 For the Respondent/s    :     APP.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                        Perused the report dated 03.05.2026 of the

                   Superintendent of Police, Araria along with the report dated

                   30.04.2026 of the S.H.O., Bhargama P.S., Araria wherein it is

                   indicated that during enquiry, it came to light that the sole

                   appellant, namely, Sk. Hasib, 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 Bhartiya 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.1007 of 2006(4) 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 cases.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U


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