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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

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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