Patna High Court

MD. FIROJ @ MD. PARVEZversusSTATE OF BIHAR

Decided: 20 February 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal abated and was disposed of because the appellant died and no near relative sought leave to continue the appeal.

Summary

The appellant, Md. Firoj, died during the pendency of a criminal appeal (Criminal Appeal DB No.462 of 2000) before the High Court of Patna. The police submitted a letter and death certificate confirming his death. 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 that an appeal abates if the appellant dies and no near relative applies to continue it. Since no relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of.

Issues considered

What is the effect of the appellant's death on a pending criminal appeal under Section 394 CrPC?

Legislation cited

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

Subjects

criminal appeal
abeyance
death of appellant
Section 394 CrPC
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.462 of 2000
                  ======================================================
                  Md. Firoj @ Md. Parvez, Son of Late Abdul Hafiz, Resident of Hazipur, P.S.-
                  Rafiganj, District-Aurangabad.
                                                                            ... ... Appellant/s
                  The State of Bihar.
                                                                         ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :     Mr. Ajay, Advocate
                  For the Respondent/s    :     Mr. Md.Sadique Ahmad, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

11   20-02-2026                   Perused the Letter No. 348 dated 06.02.2026 of the

                    Deputy Superintendent of Police, Aurangabad, wherein it is

                    mentioned that the sole appellant, Md. Firoj @ Md. Parvez, 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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