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Patna High Court

MD. GAYASUDDINversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under the applicable statutory provision.

Summary

The appellant, Md. Gayasuddin, filed a criminal appeal (DB) No.1180 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates upon the death of the appellant if no relative seeks its continuation. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the lower court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.1180 of 2008
                 ======================================================
                 Md. Gayasuddin, S/o K Md. Musha, R/o Village Adsaw, P.S. and Dist.-Jamui

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Sanjiv Jaiswal, Adv.
                 For the Respondent/s   :     Mr. A. Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   14-05-2026                 Perused the Letter No. 572 dated 11.05.2026 of the

                   Superintendent of Police, Jamui, along with the report dated

                   02.05.2026 of Sub Inspector, Jamui P.S., Jamui, as well as the

                   certificate of death issued on 07.02.2026, issued by Mukhiya,

                   Gram Panchayat Raj Adsar, Jamui, wherein it is indicated that

                   during enquiry it came to light that the sole appellant, namely,

                   Md. Gayasuddin, is 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.
             Patna High Court CR. APP (DB) No.1180 of 2008(3) dt.14-05-2026
                                                         2/2




                                    3. Let the trial court record be sent back to the

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



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


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