Patna High Court
ZIYAUL ANSARIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Ziyaul Ansari, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which governs the abatement of appeals upon the death of a party. No near relative of the deceased appellant filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of.
Issues considered
- Whether a criminal appeal may continue after the death of the appellant under Section 394 CrPC (or Section 435 B.N.S. 2023)?
- Whether the court must dismiss the appeal in the absence of an application by a near relative for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- death of appellant
- abated appeal
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1007 of 2010
======================================================
Ziyaul Ansari, son of Late Shahid Ansari, Resident of Village- Afzala Umri,
P.S. Biraul, District- Darbhanga
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Nilesh Kumar, Advocate
For the Respondent : Mr. Dilip Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the report dated 02.05.2026 of the Senior
Superintendent of Police, Darbhanga along with the report dated
02.05.2026 of the Probationary Sub-Inspector of Police, Biraul
Police Station, Darbhanga, which indicate that the sole appellant
Ziyaul Ansari is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said report 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.1007 of 2010(4) dt.08-05-2026
2/2
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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