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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

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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