Patna High Court
MD. NURBA @ NUR MOHAMMADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Md. Nurba @ Nur Mohammad, filed a criminal appeal before the Patna High Court. During proceedings, the Superintendent of Police informed the Court that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue. No relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC?
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.468 of 2004
======================================================
Md. Nurba @ Nur Mohammad, son of Alazar Ali, resident of Village- Dewa
Nagar, Police Station- K. Nagar, District- Purnea.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mithilesh Kumar, 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)
7 03-04-2026 Perused the Letter No. 535 dated 22.08.2025 of the
Superintendent of Police, Purnea along with the Report dated
21.08.2025 of S.H.O., Sri Nagar Police Station as well as the
Report dated 21.08.2025 of Sarpanch of Gram Kachhari, Khutti
Hasaili, Block Sri Nagar, District Purnea, wherein it is indicated
that the sole appellant, namely, Md. Nurba @ Nur Mohammad,
is dead.
2. In view of the said letter 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
disposed of.
Patna High Court CR. APP (DB) No.468 of 2004(7) dt.03-04-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shivank/-
U T
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