Patna High Court
JAHIR HUSSAIN @ JAHIR SAINversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the death of the appellant and the absence of any application by a near relative.
Summary
The appellant, Jahir Hussain, died during the pendency of his criminal appeal. The police submitted a report and death certificate confirming his death. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without a party to represent the deceased. Consequently, the High Court held that the appeal stands abated and is disposed of. The trial court record is to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no 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
- Section 394 CrPC
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.237 of 2005
======================================================
Jahir Hussain @ Jahir Sain, Son of Late Hakim Sai, Resident of Village-
Faridpatti, P.S. Minapur, District- Muzaffarpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bela Singh, Advocate
For the Respondent/s : Mr.Arvind Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 05-05-2026 Perused the Letter No. 570 dated 22.04.2026 of the
Senior Superintendent of Police, Muzzaffapur along with the
report dated 22.04.2026 of the Police Inspector-cum-S.H.O.,
Minapur P.S., wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Jahir Hussain @ Jahir
Sain, 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.237 of 2005(10) 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
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