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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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