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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

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/-

U


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