Patna High Court
ISMAIL MIAN and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 B.N.S. 2023) because the appellant is deceased and no relative sought leave to continue.
Summary
The appeal was filed by Ismail Mian and Dhwan Singh against a conviction by the State of Bihar. During the pendency of the appeal, both appellants were found to have 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 provides for abatement of criminal proceedings when the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.1071 of 2007
======================================================
1. Ismail Mian, Son of Late Abdul Haque Mian, Resident of Village-
Ramobaria, P.S.- Buxar, Dist.- Buxar.
2. Dhanu Singh, Son of Deo Kumar Singh, Village- Ramobaria, P.S.- Buxar,
Dist.- Buxar.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raj Kumar, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 14-05-2026 Perused the Letter No. 774 dated 04.05.2026 of the
Superintendent of Police, Buxar, along with the report dated
02.05.2026 of the Police Inspector-cum S.H.O., Industrial Area
P.S., Buxar, as well as the Death Certificate issued by the
Department of Planning and Development, Directorate of
Economics and Statistics, Government of Bihar, wherein it is
indicated that during enquiry it came to light that the both the
appellants, namely, Ismail Mian and Dhanu Singh, are dead.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
Patna High Court CR. APP (DB) No.1071 of 2007(3) dt.14-05-2026
2/2
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
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Anjani/-
U T
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