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Patna High Court

SAMSUDDIN DEWANversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated because the appellant died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Samsuddin Dewan, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. 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 the appellant dies and no near relative applies to continue the appeal. Since no relative filed an application for leave to continue, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant under Section 394 CrPC (or Section 435 B.N.S. 2023).
  • Whether the absence of an application by a near relative mandates abatement of the appeal.

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.434 of 2008
                 ======================================================
                 Samsuddin Dewan, Son of Diljan Dewan, Village-Imad Patti, Nayaka Tola,
                 Police Station-Chakiya, District-East Champaran (Motihari).

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Arun Kumar Tripathi, 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)

5   12-05-2026                 Perused the Letter No. 986 dated 08.05.2026 of the

                   Superintendent of Police, East Champaran, Motihari along with

                   the report of S.H.O., Chakiya Police Station dated 06.05.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Samsuddin Dewan has died. Certificate of

                   death of the appellant issued by Ward Councillor of Ward No.

                   23, Nagar Parishad, Chakiya 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,

                   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.434 of 2008(5) dt.12-05-2026
                                                       2/2




                     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)
ranjan/-

U


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