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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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