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Patna High Court

JAFIR ALAMversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The 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 application by a relative.

Summary

The appellant, Jafir Alam, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by police reports and a death certificate. 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 Bhartiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application, the appeal cannot 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 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.431 of 2004
                 ======================================================
                 Jafir Alam S/o Late Shekh Sikander, R/o- Vill.- Narhaiya, P.S.- Chhatapur,
                 District- Supaul.

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   13-05-2026                 Perused      the    report      dated   09.05.2026      of   the

                   Superintendent of Police, Supaul along with the report dated

                   03.05.2026 of the S.D.P.O., Triveniganj, wherein it is indicated

                   that during enquiry, it came to light that the sole appellant,

                   namely, Jafir Alam 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 Bhartiya 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.431 of 2004(6) dt.13-05-2026
                                                        2/2




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



                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
shailendra/-

U       T


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