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Patna High Court

SHEKH VASI AHMADversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Shekh Vasi Ahmad, filed a criminal appeal (DB) No.1076 of 2009 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced by the investigating police authorities. The court examined the reports and noted that under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed by any relative of the deceased appellant. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.

Legislation cited

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.1076 of 2009
                 ======================================================
                 Shekh Vasi Ahmad S/O Late Shekh Madad R/O Vill.- Parsauna, P.S.- Shathi,
                 Distt.- West Champaran

                                                                          ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Bimlesh Kumar Pandey, Advocate
                 For the Respondent/s   :     Mr.A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   11-05-2026                    Perused the Letter No. 520 dated 30.04.2026 of the

                   Superintendent of Police, West Champaran (Bettiah) along with

                   the report dated 28.04.2026 of the S.H.O., Sathi P.S., West

                   Champaran (Bettiah), wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Shekh Vasi

                   Ahmad, is dead and the death certificate of the appellant is

                   annexed with the said report.

                               2. In view of the said reports 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.1076 of 2009(4) dt.11-05-2026
                                                        2/2




                                   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)
guddukr/-

U      T


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