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Patna High Court

MUSLIM MIANversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed as per Section 394 CrPC (now Section 435 BNSS 2023).

Summary

The appellant, Muslim Mian, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died and a death certificate was produced. The court examined a letter and report from the Superintendent of Police confirming the death. The issue before the court was whether the appeal could continue in the absence of an 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 the appeal must abate if no relative seeks leave to continue. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back.

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?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNSS 2023
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.372 of 2009
                 ======================================================
                 Muslim Mian, Son Of Rekha Mian, Resident Of Village- Gadgamhariya, P.S.-
                 Kangali, District- West Champaran.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Bimlesh Kumar Pandey, Advocate
                 For the Respondent/s   :     Mr. A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   11-05-2026                    Perused the Letter No. 610 dated 04.05.2026 of the

                   Superintendent of Police, West Champaran (Bettiah) along with

                   report dated 03.05.2026 of the S.H.O., Kangli P.S., West

                   Champaran (Bettiah) wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Muslim Mian, 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
            Patna High Court CR. APP (DB) No.372 of 2009(6) dt.11-05-2026
                                                        2/2




                      disposed of.

                                   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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