Patna High Court
RIZWAN KHANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) as no relative filed an application for leave to continue.
Summary
The appellant, Rizwan Khan, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, and a death certificate was produced. The court examined the police reports confirming the death and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- What is the effect of the appellant's death on a pending criminal appeal when no relative applies for leave to continue the appeal?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.454 of 2005
======================================================
Rizwan Khan S/o Nizamuddin Khan, R/o- Vill.- Mathila, P.S.- Koransarai,
District- Buxar.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Humayou Ahmad Khan, Advocate
For the Respondent/s : APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
19 13-05-2026 Perused the report dated 09.05.2026 of the
Superintendent of Police, Buxar along with the report dated
06.05.2026 of the S.H.O., Koransarai P.S., wherein it is
indicated that during enquiry, it came to light that the sole
appellant, namely Rizwan Khan 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.454 of 2005(19) 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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