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Patna High Court

MD. TASLIMversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Md. Taslim, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant was found to have died, as evidenced by a police letter and a death certificate. 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 for abatement of proceedings when a party dies and no near relative applies to continue the case. Since no relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. 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

  • Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue the appeal

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.418 of 2004
                 ======================================================
                 Md. Taslim, S/o Late Sheikh Subejan, R/o Village Chak Bahauddin, P.S.
                 Dalsing Sarai, Dist.-Samastipur

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   12-05-2026                 Perused the Letter No. 745 dated 09.05.2026 of the

                   Superintendent of Police, Samastipur along with the report

                   dated 07.05.2026 of Police Inspector-cum-S.H.O., Dalsinghsarai

                   P.S., as well as the Death Certificate dated 20.08.2011, wherein

                   it is indicated that during enquiry it came to light that the sole

                   appellant, namely, Md. Taslim, is dead.

                               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,

                   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 record be sent back to the
             Patna High Court CR. APP (DB) No.418 of 2004(3) dt.12-05-2026
                                                         2/2




                       concerned court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


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