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Patna High Court

MD. AINUL HUQUEversusTHE STATE OF BIHAR and ORS

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of as no near relative filed an application for leave to continue it.

Summary

The appellant, Md. Ainual Haque, filed a criminal appeal (DB) No.106 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police superintendent's letter and an S.H.O. report. The Court examined whether the appeal could continue in the absence of a surviving relative filing an application for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Court held that an appeal abates if no near relative seeks its continuation. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.106 of 2011
                 ======================================================
                 Md. Ainual Haque, S/O Late Syed Abdul Hai R/O-Vill.-Jalkora, P.S.-
                 Khagaria, Dist.-Khagaria

                                                                           ... ... Appellant/s
                                                   Versus
           1.    The State Of Bihar
           2.    Md. Aasaraf, S/o Late Abdul Kudus, R/O-Vill.-Jalkora, P.S.-Khagaria, Dist.-
                 Khagaria
           3.     Md. Sahid, S/o Late Abdul Al ,R/O-Vill.-Jalkora, P.S.-Khagaria, Dist.-
                  Khagaria
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Anil Kumar Choudhary, Advocate
                 For the Respondent/s   :     Mr. Ajay Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   26-05-2026                    Perused the Letter No. 555 dated 04.05.2026 of the

                   Superintendent of Police, Khagaria along with the Report dated

                   03.05.2026 of the S.H.O, Minapur Police Station, Gangaur,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Md. Ainual Haque, is dead.

                               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.
         Patna High Court CR. APP (DB) No.106 of 2011(6) dt.26-05-2026
                                                     2/2




                                3. Let the trial court records be sent back to the

                   concerned court immediately, if not required in any other cases.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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