Patna High Court

ASHARFI KAMTIversusSTATE OF BIHAR

Decided: 8 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue the appeal.

Summary

The appellant, Asharfi Kamti, died before the hearing of his criminal appeal, and a death certificate was submitted by the police. The court examined the police reports confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no such application was made, the court held that the appeal could not proceed. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

Whether a criminal appeal can continue after the death of the appellant without an application by a near relative.
Whether Section 394 of the CrPC (or its equivalent) mandates abatement of the appeal in such circumstances.

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
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.247 of 2009
                 ======================================================
                 Asharfi Kamti, son of Late Girdhari Kamti, Resident of village- Chanaur, P.S.
                 Manigachhi, District- Darbhanga.

                                                                              ... ... Appellant
                                                    Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :       Ms.Babita Kumari, Advocate
                 For the Respondent    :       Mr.D.K.Sinhaapp, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   08-05-2026                    Perused the report dated 02.05.2026, of the Senior

                   Superintendent of Police, Darbhanga along with the report dated

                   01.05.2026 of        the   Sub-Inspector      of   Police-cum-S.H.O.,

                   Manigachhi Police Station, Darbhanga, which indicate that the

                   sole appellant Asharfi Kamti is dead and the death certificate of

                   the appellant is annexed with the said report.

                               2. In view of the said reports 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.247 of 2009(3) dt.08-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U

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