Patna High Court
YASIN MIANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the death of the appellant without any application from a near relative.
Summary
The appellant, Yasin Mian, filed a criminal appeal (DB) No.162 of 2005 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died, and a death certificate was attached to the police report. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, dealing with the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no near relative seeks leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita Section 435
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.162 of 2005
======================================================
Yasin Mian, Son of Asgar Mian, Resident at and P.O.- Madhurapur, P.S.
Bihpur (Bhawanipur), District- Bhagalpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Surendra Prasad Singh 2, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 05-05-2026 Perused the Letter No. 194 dated 23.04.2026 of the
Superintendent of Police, Nawgachhiya along with the report
dated 22.04.2026 of the Police Inspector-cum-S.H.O.,
Bhawanipur P.S., wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Yasin Mian, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said report 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.162 of 2005(3) dt.05-05-2026
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)
guddukr/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.