Patna High Court
SK. EJAJULversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of any application to continue the appeal.
Summary
The appellant, Sk. Ejajul, died during the pendency of his criminal appeal against the State of Bihar. The police submitted death certificates and a report confirming his death. No near relative filed an application for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of a petition to continue, the appeal must abate. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back.
Issues considered
- What is the effect of the appellant's death on a pending criminal appeal?
- Whether the appeal can continue without a petition from a near relative?
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.374 of 2009
======================================================
Sk. Ejajul, Son of Late Sk. Idrish, Resident of Village-Line Parsa, Police
Station-Balthar, District-West Champaran.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar 7, Advocate
For the Respondent/s : Mr.Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 613 dated 04.05.2026 of the
Superintendent of Police, West Champaran, Bettiah along with
the report of S.H.O., Balthar Police Station dated 03.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Sk. Ejajul has died. Certificate of death issued
by Mukhiya of Gram Panchayat Akhlashpur, P.S. Bhabhua
(Kaimur) has also been enclosed with the said report. Death
Certificate of the appellant issued by Department of Planning
and Development, Government of Bihar, Patna, has also been
enclosed with the said report.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
Patna High Court CR. APP (DB) No.374 of 2009(3) dt.11-05-2026
2/2
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 records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
guddukr/-
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