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Patna High Court

MD. BASHIRULversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed as the appellant died and no near relative applied for leave to continue under Section 394 of the CrPC.

Summary

The appellant, Md. Bashirul, died while his criminal appeal was pending before the Patna High Court. The police submitted a report and death certificate confirming his death. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with the trial court records to be returned to the lower court.

Issues considered

  • Whether a criminal appeal stands abated upon the death of the appellant when no near relative files an application for leave to continue the appeal under Section 394 CrPC?

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.335 of 2003
                 ======================================================
                 Md. Bashirul Son of Md. Abdul Hassan, Resident of Mihalla-Ekmighat
                 Ballopur, P.S.-Bahadurpur, District-Darbhanga.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Md. Kamran, Advocate
                 For the Respondent/s    :       Mr. Bipin Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   01-05-2026                     Perused the Letter No. 156 dated 09.02.2026 of the

                   Senior Superintendent of Police, Darbhanga along with the

                   report of Police Inspector cum SHO, Bahadurpur Police Station

                   dated 09.02.2026, wherein it is indicated that during enquiry it

                   came to light that the sole appellant Md. Bashirul, has died. Death

                   Certificate issued by Department of Planning and Development,

                   Governmnet of Bihar 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.335 of 2003(3) dt.01-05-2026
                                                       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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