Created by Fuzzy Cloud

Patna High Court

MD. ABBASversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Md. Abbas, filed a criminal appeal (DB) No.470 of 1998 against the State of Bihar. While the appeal was pending, the Superintendent of Police reported that the sole appellant had died. The court examined the report and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the abatement of appeals upon the death of a party. Since no near 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, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal.

Legislation cited

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.470 of 1998
                  ======================================================
                  Md. Abbas, S/o Md. Abdul Gafoor, Village Bihanpur, P.S. Tarapur, District
                  Munger

                                                                            ... ... Appellant/s
                                                    Versus
                  The State Of Bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr. R.C.Sharma, Adv.
                  For the Respondent/s   :     Mr. Ajit Kr. Singh II, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

10   17-04-2026                 Perused the Letter No. 156 dated 12.02.2026 of the

                    Superintendent of Police, Munger along with the Report dated

                    09.02.2026 of S.H.O. Asarganj Police Station, Munger as well

                    as the report of Mukhiya, Gram Panchayat- Raj Jorari, Block-

                    Asarganj, District Munger, wherein it is indicated that during

                    enquiry it came to light that the sole appellant, namely, Md.

                    Abbas, 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.470 of 1998(10) dt.17-04-2026
                                                         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)
supratim/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.