Patna High Court
LAL MOHAMMADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of due to the appellant's death and lack of application by a near relative.
Summary
The appellant, Lal Mohammad, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as reported by the Deputy Superintendent of Police and the police inspector. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application for leave to continue it. No such application was filed. Consequently, the Court held that the appeal could not proceed and ordered it to be abated and disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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.104 of 2000
======================================================
Lal Mohammad Son of late Mojeeb Mian Resident of Village Khiriyavan,
Police Station Madanpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kartik Kumar Sinha, Advocate
For the Respondent/s : Km. Shashi Bala Verma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 27-02-2026 Perused the Letter No.476 dated 12.02.2026 of the Deputy
Superintendent of Police, Aurangabad along with the report of Police
Inspector cum SHO, Madanpur police station, Aurangabad dated
10.02.2026, wherein it is indicated that during enquiry it came to
light that the sole appellant Lal Mohammad, has died.
2. In view of the said letter 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.
(Sangam Kumar Sahoo, CJ)
(Nawneet Kumar Pandey, J)
ranjan/-
U
Checking your session…