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
- 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. 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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