Patna High Court
MITHU MIANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Mithu Mian, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal when the appellant dies and no application is made. Consequently, the Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court records to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
- Whether Section 394 of the CrPC (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita) applies to abate 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.161 of 2006
======================================================
Mithu Mian, Son of Late Sahim Mian, Resident of Village-Semuwapur,
Police Station-Paharpur, District-East Champaran.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shakti Suman Kumar, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 750 dated 02.05.2026 of the
Superintendent of Police, East Champaran, Motihari along with
the report of S.H.O., Paharpur Police Station, East Champaran
dated 28.04.2026, wherein it is indicated that during enquiry it
came to light that the sole appellant Mithu Mian has died.
Certificate of death issued by Sarpanch of Gram Panchayat Raj,
Kamal Pipra, Paharpur, East Champaran has also been enclosed
with the said report.
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
Patna High Court CR. APP (DB) No.161 of 2006(4) dt.08-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
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