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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

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/-

U


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