Patna High Court
GOBRA MIAN @ SK. GAFOORversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the applicable statutory provision.
Summary
The appellant, Gobra Mian @ Sk. Gafoor, died during the pendency of Criminal Appeal No.11 of 2010 before the Patna High Court. The court received a letter from the Senior Superintendent of Police confirming the death. The issue was whether the appeal could continue in the absence of the appellant and without any application from a near relative. 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 the appellant dies and no relative seeks leave to continue. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no near relative files an application for 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
- CrPC Section 394
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.11 of 2010
======================================================
Gobra Mian @ Sk. Gafoor S/O Late Sk.Mahhood R/O Vill.- Sukhsena, P.S.-
Sanhoula, Distt.- Bhagalpur
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ranjan Kumar Jha, Advocate
For the Respondent/s : Mr.Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 07-05-2026 Perused the Letter No. 885 dated 03.05.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of SHO, Sanhaula Police Station, Bhagalpur dated
02.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Gobra Mian @ Sk. Gafoor, 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.
Patna High Court CR. APP (DB) No.11 of 2010(4) dt.07-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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