Patna High Court
SIKANDAR KHANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of due to the appellant's death and lack of application by a near relative.
Summary
The appellant, Sikandar Khan, filed a criminal appeal against the State of Bihar. While hearing the appeal, the court received police reports confirming that the appellant had died, accompanied by a death certificate. No near relative filed an application for leave to continue the appeal after the appellant's death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the appeal cannot proceed without such an application. Consequently, the High Court held that the appeal stands abated. The trial court record was ordered to be sent back to the lower court, and the appeal was disposed of.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative applies 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
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1141 of 2007
======================================================
Sikandar Khan, son of Md. Nizam Khan, resident of Village- Mahisori, Police
Station and District- Jamui
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Pankaj Kumar Sinha 2, Advocate
For the Respondent : Smt. Shashi Bala Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 26-05-2026 Perused the report dated 17.05.2026 of the
Superintendent of Police, Jamui along with the report dated
16.05.2026 of the Police Inspector-cum-S.H.O., Adarsh Police
Station, Jamui, which indicate that the sole appellant Sikandar
Khan 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.1141 of 2007(8) dt.26-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.