Patna High Court
MD. TASLIMversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of due to the appellant's death and lack of any application to continue it.
Summary
The appellant, Md. Taslim, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of a request to continue, the appeal must be abated. Consequently, the High Court ordered the appeal to stand abated and disposed of, and directed the trial court record to be sent back to the lower court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative seeks to continue the appeal?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bhartiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.133 of 2004
======================================================
Md. Taslim S/o Late Abdul Aziz, R/o- Vill.- Beldari, P.S.- Bettiah Mufassil,
District- West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jitendra Narain Sinha, Advocate
For the Respondent/s : Mr. Sanjeev Kumar-1. Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the report dated 05.05.2026 of the
Superintendent of Police, West Champaran, Bettiah along with
the report dated 04.05.2026 of the A.S.I. of Police, Mufassil
P.S., wherein it is indicated that during enquiry, it came to light
that the sole appellant, namely, Md. Taslim 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 Bhartiya 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.133 of 2004(3) dt.13-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U T
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