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
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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