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Patna High Court

SHIVMURAT BIND @ MENTI BINDversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Shivmurat Bind, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the police informed the court that the appellant had died. The court examined whether the appeal could continue in the absence of the appellant and without any application by a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant dies and no relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Can a criminal appeal proceed after the death of the appellant when no near relative files an application for leave to continue the appeal?

Legislation cited

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.253 of 2006
                 ======================================================
                 Shivmurat Bind @ Menti Bind, Son of Ramtahal Bind, Resident of Village-
                 Tiwai, Police Station-Chainpur, District-Kaimur at Bhabua.


                                                                           ... ... Appellant/s
                                                  Versus
                 The State of Bihar.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Rajani Kant Pandey, Advocate
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   06-05-2026                   Perused the Letter No. 635 dated 01.05.2026 of the

                   Superintendent of Police, Kaimur (Bhabua) along with the

                   Report dated 30.04.2026 of the A.S.I., Chainpur Police Station,

                   Kaimur (Bhabua), wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Shivmurat Bind @

                   Menti Bind, 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.253 of 2006(6) dt.06-05-2026
                                                     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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