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Patna High Court

AMIN MIANversusSTATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The appeal stands abated and is disposed of due to the appellant's death and lack of application by a near relative.

Summary

The appellant, Amin Mian, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a police letter and death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (equivalent to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which governs the abatement of appeals upon the death of a party. No near relative filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by 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.440 of 1996
                 ======================================================
                 Amin Mian, Son of Kashim Mian, Resident of Village-Ganjgaurihar, Police
                 Station-Sakara, District-Muzaffarpur.                   ... ... Appellant/s
                                                    Versus
                 The State of Bihar.                               ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :     Mr. Prasoon Sinha, Sr. Advocate
                 For the Respondent/s    :     Mr. Ajay Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)
4   20-02-2026                 Perused Letter No. 345 dated 14.02.2026 of the

                   Superintendent of Police, Muzaffarpur, along with the report of

                   the S.H.O., Bariyarpur, Muzaffarpur, annexed thereto, wherein it

                   is mentioned that the appellant, Amin Mian, has died, and the

                   death certificate of the appellant has also been annexed to the

                   said letter.

                               2. In view of the said letter and having regard to

                   Section 394 of the Code of Criminal Procedure, 1973, which

                   corresponds to Section 435 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023, and inasmuch as no near relative has filed any

                   application seeking leave to continue the appeal, the present

                   Criminal Appeal stands abated and is accordingly disposed of.



                                        (Sangam Kumar Sahoo, CJ)


                                             (Harish Kumar, J)
Neha/-
U      T


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