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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

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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