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Patna High Court

SAGIR ANSARI @ SAMIR ANSARI and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellants, Sagir Ansura and Basir Ansura, filed a criminal appeal against the State of Bihar. While the appeal was pending, both appellants died, as confirmed by a police letter and a local report. 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 applies for leave to continue it. No such application was filed. Consequently, the High Court held that the appeal stands abated and ordered its disposal. The trial court record was to be sent back to the lower 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
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No. 1138 of 2006
                 ======================================================
                 1. Sagir Ansari @ Samir Ansari, Son of Turai Ansari.

                 2. Basir Ansari, Son of Turai Ansari, both are residents of Village- Bagh
                 Challa, P.S.- Azamnagar, District- Katihar.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Md.Qumrul Hoda, Adv.
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   14-05-2026                   Perused the Letter No. 403 dated 10.05.2026 of the

                   Superintendent of Police, Katihar along with the Report dated

                   10.05.2026 of Prakhand Pramukh, Azamnagar, Katihar, wherein

                   it is indicated that both the appellants, namely, Sagir Ansari @

                   Samir Ansari and Basir Ansari 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,

                   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
           Patna High Court CR. APP (DB) No.1138 of 2006(4) dt.14-05-2026
                                                       2/2




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



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
Anjani/-

U      T


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