Patna High Court
MD. SHABIBversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative files an application for leave to continue.
Summary
The appellant, Md. Shabid, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced. The court examined a police letter and report confirming the death. The issue before the court was whether the appeal could continue in the absence of a filing by any near relative. 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 the appeal abates if the appellant dies and no relative seeks leave to continue. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- procedural law
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.47 of 2008
======================================================
Md. Shabid son of late Sk. Gulzar, resident of village Dohma, P.S. Biraul,
District Darbhanga
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mohammad Sufyan, Advocate
For the Respondent/s : Mr. Dilip Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 08-05-2026 Perused the Letter No. 556 dated 02.05.2026 of the
Senior Superintendent of Police, Darbhanga along with the
report dated 30.04.2026 of the Probationary Police Inspector,
Biraul P.S., Darbhanga, wherein it is indicated that during
enquiry, it came to light that the sole appellant, namely, Md.
Shabid, is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said report 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.
Patna High Court CR. APP (DB) No.47 of 2008(6) dt.08-05-2026
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)
shailendra/-
U
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