Patna High Court
AZMAL HUSSAIN @ PRASADIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Azmal Hussain, died while his criminal appeal was pending before the Patna High Court. The police submitted a death certificate and a report confirming his demise. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates that an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be returned.
Issues considered
- Does a criminal appeal abate upon the death of the appellant if no near relative applies for 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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.193 of 2009
======================================================
Azmal Hussain @ Prasadi, s/o Noor Hassan, r/o-Village Garhani, Police
Station-Charpokhari, Distrit-Bhojpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Pankaj Kumar Singh, Advocate
For the Respondent/s : Mr.Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 07-05-2026 Perused the Letter No. 1070 dated 03.05.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the report
of Police Inspector cum S.H.O., Charpokari Police Station dated
29.04.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Azmal Hussain @ Prasadi, has
died. Certificate of death issued by Ward Councillor of Ward
No. 7, Nagar Panchayat, Block-Gadhani, District-Bhojpur has
also been enclosed with the said report.
2. In view of the said letter 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.193 of 2009(4) dt.07-05-2026
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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