Patna High Court
FAZALUR RAHMANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue under the relevant statutory provision.
Summary
The appellant, Fazalur Rahman, filed a criminal appeal (DB) No.1081 of 2009 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a letter from the Superintendent of Police and a death certificate issued by the Department of Planning and Development, Government of Bihar. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, dealing with the abatement of appeals upon the death of the appellant. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative seeks leave to continue the appeal?
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
- section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1081 of 2009
======================================================
Fazalur Rahman S/O Abdul Majid R/O Vill.- Madhopara, P.S.- K.Hat, Distt.-
Purnea.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Mohammad Sufyan, Advocate
For the Respondent/s : Mr.L.K.B.Pd. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 07-05-2026 Perused the Letter No. 604 dated 29.04.2026 of the
Superintendent of Police, Purnea, wherein it is indicated that
during enquiry it came to light that the sole appellant Fazalur
Rahman, has died. Death certificate of the appellant issued by
Department of Planning and Development, Government of
Bihar, Patna has also been enclosed with the said report.
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.
3. Let the trial court records be sent back to the
Patna High Court CR. APP (DB) No.1081 of 2009(5) dt.07-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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