Patna High Court
Md. Islam @ Islam MianversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is dead and no near relative has applied for leave to continue the appeal.
Summary
The appellant Md. Islam @ Islam Mian filed a criminal appeal (DB) No.236 of 2015. During the pendency of the appeal, the appellant was found to be deceased. The court examined a letter and police report confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue it. Since no such application was filed, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.236 of 2015
Arising Out of PS. Case No.-66 Year-1994 Thana- JAMOBAZAR District- Siwan
======================================================
Md. Islam @ Islam Mian S/o Molazim Mian Resident of Village Khori Pakar,
Police Station Jamo Bazar, District Siwan.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Viveka Nand Singh, Advocate
For the Respondent/s : Mrs. S.B.Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 01-05-2026 Perused the Letter No. 160 dated 10.02.2026 of the
Superintendent of Police, Siwan along with the Report dated
10.02.2026 of the S.H.O, Jamo Bazar Police Station, Siwan,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Md. Islam @ Islam Mian, is dead.
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
disposed of.
Patna High Court CR. APP (DB) No.236 of 2015(5) dt.01-05-2026
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)
Neha/-
U
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